. 


»»»+-+ 


MUNICIPAL  GRANTS 

Involved  In 

WEST  CHICAGO  CASE, 

Together  With 

INDEX.  ABSTRACT  OF  TIME   LIMIT  PROVISIONS  OF  EACH 

CONSTRUCTION  GRANT,  AND  CLASSIFICATION  OF  CON- 

STRUCTED LINES  IN  ACCORDANCE  WITH  TIME 

LIMIT  PROVISIONS  OF  THE  GRANTS  UNDER 

WHICH  THEY  WERE  CONSTRUCTED. 

(Revised.) 


*  *  * 


•  ABMABB  A  UILLKX    P*IXT    CStlCAOO 


MUNICIPAL  GRANTS 

Involved  In 

WE,ST  CHICAGO  CASE, 

Together  With 

INDEX,  ABSTRACT  OF  TIME   LIMIT   PROVISIONS  OF  EACH 
CONSTRUCTION  GRANT,  AND  CLASSIFICATION  OF  CON- 
STRUCTED LINES  IN  ACCORDANCE  WITH  TIME 
LIMIT  PROVISIONS  OF  THE  GRANTS  UNDER 
WHICH  THEY  WERE  CONSTRUCTED. 

(Revised.) 


I. 

INDEX    TO    MUNICIPAL   GRANTS    INVOLVED    IN 
WEST  SIDE  CASE. 

Page. 

Armitage  Av.  from  Western   Av.  to   Washtenaw,  Vil. 

of  Jefferson. :..,.., .Jan.  28,  1878.     126 

Armitage  Av.  from  Washtenaw  Av.  to  California,  Vil. 

of  Jefferson June  30,  1883.  I2^ 

Ashland  Av.  from  North  Av.  to  Clybourn  Av.  (PL)  . . 

May  11,  1885.  IOO 

Aug.  6,  1883  ordinance  amending  ord.  July  30,  1883.  .  97 

Blackhawk  St.  from  Noble  to  Holt.  . .,.  .,May  n,  1885.  100 

Blue  Island  Av.   from  Harrison    St.    to  C,   B.   &  Q. 

tracks  (i6th  St.) May  23,  1859.         9 

Blue  Island  Av.  from  Halsted  to  Western  Av 

, Nov.  18,  1861.       17 

Blue  Island  Av.  from  Rebecca  to  22d Feb.  21,  1876.       48 

Blue  Island  Av.   from  present  terminus   (22d  St.)   to 

Western  Av .Oct.   14,   1878.       75 

Bryan  Place  (Park  St.)  from  Randolph  to  Lake 

May  23,  1859.  9 

Cable  ordinance,  March  30,  1888,  see  "Power  Ordi- 
nances." 

California  Av.  from  Armitage  Av.  to  North  Av.,  Vil. 

of  Jefferson. .-,...., June  30,  1883.     128 

Canal  St.  from  Harrison  to  Canalport  Av ........... 

, March  26,   1877.       60 

Canalport  Av.  from  Canal  to  Halsted.  .March  26,  1877.       60 

Chicago  Av.   from  north  branch  to  present  or   future 

limits.. Aug.    17,    1864.       31 

Chicago  Av.  from  Milwaukee  Av.  to  Western  Av. . . 

Oct.  20,  1879.       81 

Clinton  St.  from  Randolph  to  Madison 

March  28  and  July  n,  1864.       28 


Clinton  St.  from  Madison  to  I2th Aug.  17,  1864.  31 

Clinton  St.  from  Milwaukee  Av.  to  Randolph 

•  •  • Aug.  9,  1875.  44 

Clybourn  Av.  ( PL )  from  Ashland  Av.  to  Wood 

i .May  n,  1885.     100 

Desplaines  St.  from  Lake  to  Randolph.  .Nov.  18,  1861.       17 

Division  St.  from  Milwaukee  Av.  to  200  ft.  W.  Cal. 

Av Dec.   7,  1885.     102 

Eighteenth  St.  from  Halsted  to  Oakley  Av. , 

. .  . Dec.   7,   1885.     104 

Electricity — see  "Power  Ordinances." 

"Exclusion  Ordinance"  of  Nov.  16,  1863 ,.."..       20 

"Extension  Ordinance"  of  July  30,  1883 ,.  .  .  .        93 

"Extension    Ordinance"  of    July    30,    1883,    amended 

Aug.  6,  1883 97 

Fifteenth  PI.  from  Canal  to  Jefferson .  .  .  .Aug.  17,  1864.       31 
Fifth  Av.  from  Randolph  to  Polk. .,. . .  .May  23,  1859.         9 

Grand  Av.  (Indiana  St.)  from  Milwaukee  Av.  to  pres- 
ent or  future  limits. . .Aug.  17,  1864.       31 

Grand  Av.  (Indiana  St.)  from  Milwaukee  Av.  to  present 

or  future  limits , .Aug.  9,  1875.       44 

Halsted  St.  from  Lake  to  Blue  Island  Av.Nov.  18,  1861.       17 

Halsted  St.   from  Lake  to  Milwaukee  Av 

March  14  and  28,  1864.       24 

Halsted  St.  from  Harrison  to  south  branch 

Aug.  17,  1864.  31 

Halsted  St.  from  Harrison  to  south  branch 

Sept.  25,  1876.  55 

Halsted  St.  from  Milwaukee  Av.  to  north  branch ....... 

..  .Aug.  17,  1864.  31 

Halsted  St.  from  Milwaukee  Av.  to  north  branch 

, , March  i,  1886.     in 

Harrison  St.  from  Clinton  to  Canal.  .  .  .March  26,  1877.       6° 
Holt  St.  from  Blackhawk  to  North  Av.  .May  n,  1885.     100 

Indiana  St.  (Grand  Av.)  from  Milwaukee  Av.  to  pres- 
ent or  future  limits Aug.  17,  1864.       31 


•Ill 

Indiana  St.  from  Milwaukee  Av.  to  present  and  future 

limits ., .  ...  .  .  .Aug.   9,   1875.       44 

Jefferson  St.  from  Meagher  (i5th  PI.)  to  Van  Buren. . 

Aug.  17,  1864.  31 

July  30,  1883,  extension  ordinance  of .  . ,. .  . ... .  93 

Lake  St.  from  Market  to  present  and  future  limits 

...i May  23,  1859.  9 

Lake  St.  from  Union  Park  to  Wabash  Av 

i. ... . . . , Nov.  29,  1880.       85 

Lake  St.  from  Rockwell  to  Central  Park ........ 

-. Nov.  29,   1880.       85 

Lake  St.  from  Homan  Av.  to  Crawford  Av 

July  15,  1886.  115 

Leavitt  St.  from  Chicago  Av.  to  Indiana.  July  17,  1882.  92 

Leavitt  St.  from  i8th  to  Blue  Island  Av. .  .Dec.  9,  1885.  109 

Madison  St.  from  State  to  Western  Av.Aug.  16,  1858.  I 

Madison  St.  from  Rockwell  to  Central  Park 

June  24  and  July  8,  1878.       65 

Madison  St.  from  Homan  Av.  to  Hamlin  Av.. ....... 

Sept.  9,  1878.       73 

Market  St.  from  Lake  to  Madison. .,..,.  .May  23,  1859.         9 
Meagher  St.,  now  I5th  PL,  which  see. 

Milwaukee  Av.  from  Desplaines  St.  to  present  and  fu- 
ture limits , May  23,  1859.         9 

Milwaukee  Av.  from  Halsted  to  Clinton.  .Aug.  9,  1875.       44 
Milwaukee  Av.  from  Clinton  to  Lake. .  .Nov.  29,  1880.       85 

Milwaukee  Av.    from    city  limits     (Western    Av.)    to 

Washtenaw,  Vil.  of  Jefferson, Jan.  28,  1878.     126 

Milwaukee  Av.  from  Armitage  Av.  to  Lawrence  Av. . 

March  21,  1892.     118 

Noble  St.  from  Milwaukee  Av.  to  Blackhawk 

May   n,   1885.     I0° 

North  Av.  from  Milwaukee  Av.  to  present  and  future 

limits ,.. i March  8,   1875.       37 

North  Av.  from  Holt  to  Ashland  Av.  .  .  .May  11,  1885.     100 

Ogden  Av.  from  Madison  to  Western  Av 

Feb.  28  and  July  10,  1876.       51 


IV 

Ogden  Av.  from  Western  Av.  to  western  limits 

» .Feb.  7,  1881.  90 

Ogden  Av.  from  Madison  to  Randolph. .  .Dec.  9,  1885.  109 

O'Neil  St.  from  Halsted  to  car  barns. ...  .  Nov.  27,  1876.  59 

Park  St.,  now  Bryan  PI.,  which  see. 

Polk  St.  from  Fifth  Av.  to  Canal. ...... .May  23,  1859.  9 

Polk  St.  from  Canal  to  Jefferson. ..... .Aug.  17,  1864.  31 

Power  ordinance  of  March  30,  1888 — cable. ...........  130 

Power  ordinance  of  March  21,  1892 — electricity,  etc..  .  135 

Power  ordinance  of  April  30,  1894 — trolley.  .,. .......  137 

Power  ordinance  of  May  7,  1894 — amendments. ....  .143-4 

Power  ordinance  of  Feb.  4,  1895 — trolley  on  cable  lines.  145 

Power  ordinance  of  July  27,  1896 — trolley  on  cable  lines.  149 

Power  ordinance  of  July  27,  1896 — trolley  in  south  di- 
vision  , i.  ...  ., 152 

Randolph  St.  from  State  to  Union  Park.  ..May  23,  1859.  9 

Randolph  St.  from  State  to  Michigan  Av/...  ..v.i 

.Aug.  26,  1878.  71 

State  St.  from  Madison  to  Lake. ..... .Aug.  16,  1858.  i 

Twelfth  St.  from  State  to  Blue  Island  Av 

May  23,   1859.  9 

Twelfth  St.  from  Canal  to  Ashland  Av. March  26,  1877.  60 

Twelfth  St.  from  Ashland  Av.  to  Ogden  Av 

Aug.  26,  1878.  71 

Van  Buren  St.  from  State  to  Ogden  Av.  . May  23,  1859.  9 

Van  Buren  St.  from  Ogden  Av.  to  Western  Av 

Nov.  13,  1871.  35 

Van  Buren  St.  from  Western  Av.  to  Kedzie  Av . . 

Dec.   7,   1885.  107 

Wells  St.,  now  Fifth  Av.,  which  see 

Western  Av.  from  Van  Buren  to  Madison 

Dec.  23,  1878.  77 


II. 

ABSTRACT  OF  TIME  LIMIT  PROVISIONS  OF  MU- 
NICIPAL GRANTS  INVOLVED  IN  WEST  SIDE 
CASE. 

A.     CHICAGO  ORDINANCES. 

1.  Ordinance  of  Aug.  16,  1858,  and  amended  Dec.  20, 

1858,  to  C.  City  Ry.  Co pp.  1-7 

Twenty-five  years  from  passage  and  thereafter,  un- 
til purchase  by  the  city  of  the  railways,  their  equip- 
ment and  appurtenances  and  payment  of  appraised 
value  thereof. 

2.  Ordinance  of  May  23,  1859,  and  amended  Feb.  13, 

1860,  to  C.  City  Ry.  Co. .,.  . .,. ... .,. . .pp.  9-16 

During  all  the  term  in  the  act  of  February  14, 
1859,  specified  and  prescribed. 

3.  Ordinance  of  November  18,  1861,  to  C.  City  Ry.  Co. 

.•; .••:••. PP-  I7~i9 

No  provision  as  to  time  limit. 

4.  Ordinances  of  March  14,  1864,  and  March  28,  1864. 

(Halsted  street) pp.  24-7 

No  express  provision  as  to  time  limit ;  "subject  to 
the  conditions  of  the  ordinances  heretofore  passed 
concerning  said  railway  company  (C.  W.  Div.),  or 
the  C.  C.  Ry.  Co." 

5.  Ordinances  of  March  28,  1864,  and  July  n,  1864, 

(Clinton  jstreet) , ,.  . ., pp.  28-30 

No  express  provision  as  to  time  limit;  subject  to 

regulations  and  conditions  concerning  other  railway 

tracks. 

6.  Ordinance  of  August  17,  1864. .pp.  31-4 

No  express  provisions  as  to  time  limit;  subject  to 
ordinances  in  force  respecting  railways  in  the  south 
and  west  divisions. 

7.  Ordinance  of  November  13,  1871 . ., .pp.  35-6 

No  express  provisions  as  to  time  limit,  but  all  con- 
tracts applicable  to  the  line  on  Van  Buren  street,  east 
of  Ogden  avenue  (Ord.  May  23,  1859),  are  ex- 
tended to  line  authorized. 


V     VI 

8.  Ordinance  of  March  8,  1875,  and  amended  April  19, 

1875. PP-  37-43 

Until  October  i,  A.  D.  1894,  and  thereafter  until 
purchase  by  the  city  and  payment  of  appraised  value. 

9.  Ordinance  of  August  9,  1875,  and  amended  August 

12,  1875 ,."... pp.  44-7 

Time  limit  twenty  years  from  passage. 

10.  Ordinance  of  February  21,  1876 pp.  48-50 

Twenty  years  from  passage,  and  thereafter  until 
purchase  by  the  city  and  payment  of  appraised  value. 

TI.  Ordinance  of  February  28,  1876,  as  amended  by  ordi- 
nance of  July  10,  1876 . ,.  .pp.  51-54 

Twenty  years  from  passage,  and  thereafter  until 
purchase  by  city,  and  payment  of  appraised  value. 

12.  Ordinance  of  September  25,  1876 -.-,.  .  . ...  .pp.  55-8 

Twenty  years  from  passage,  and  thereafter  until 
grant  by  the  city  to  new  grantee,  and  payment  of  ap- 
praised value  by  such  new  grantee. 

13.  Ordinance  of  November  27,  1876 p.  59 

No  express  time  limit;  but  upon  same  terms  as  are 
applicable  to  tracks  on  South  Halsted  street  (which 
was  ordinance  of  September  25,  1876.) 

14.  Ordinance  of  March  26,  1877. pp.  60-4 

Twenty  years  from  passage,  and  thereafter  until 
grant  by  the  city  to  new  grantee  and  payment  of  ap- 
praised value  by  such  new  grantee. 

15.  Ordinance  of  June  24,   1878,  and  amended  July  8, 

1878 .pp.  65-70 

Twenty  years  from  passage,  and  thereafter  until 
grant  by  the  city  to  a  new  grantee  and  payment  of  ap- 
praised value  by  such  new  grantee. 

16.  Ordinance  of  August  26,  1878. 71-2 

Twenty  years  from  passage. 

17.  Ordinance  of  September  9,  1878 ;. .,. .,.  .  .pp.  73-4 

"Subject  to  conditions  and  with  rights  and  privi- 
leges applicable  to  Madison  street  line  east  of  Homan 
avenue,  for  the  period  of  twenty  years  after  the  pass- 
age of  this  ordinance." 

18.  Ordinance  of  October  14,  1878 .pp.  75-6 

"Twenty  years  from  passage,  subject  to  conditions 
and  with  the  rights  and  privileges  applicable  to  the 
Blue  Island  avenue  line,  then  in  operation." 


Vll 

19.  Ordinance  of  December  23,  1878 .pp.  77-80 

Twenty  years  from  passage,  and  thereafter  until 
grant  by  the  city  to  a  new  grantee  and  the  payment 
of  appraised  value  by  such  new  grantee. 

20.  Ordinance  of  October  20,  1879 .pp.  81-4 

Twenty  years  from  passage,  and  until  grant  by  the 
city  to  a  new  grantee,  and  payment  of  appraised 
value  by  such  new  grantee. 

21.  Ordinance  of  November  29,  1880 ,....,.  .pp.  85-9 

Twenty  years  from  passage. 

22.  Ordinance  of  February  7,  1881 ,.  . .,.  -pp.  90-3 

Twenty  years  from  passage,  subject  to  provisions 
in  ordinance  of  February  28,  1876,  and  amendments 
thereto,  and  with  all  privileges  applicable  to  Ogden 
avenue  line  from  Madison  street  to  Western  avenue. 

23.  Ordinance  of  July  17,  1882 ......  .p.  92 

Twenty  years  from  passage,  upon  terms  and  con- 
ditions and  with  same  rights  and  privileges  appli- 
cable by  existing  ordinances  to  tracks  on  Chicago 
avenue  and  Indiana  street. 

24.  Ordinance  of  May  n,  1885 ,.-... .  .  .pp.  100-1 

Twenty  years  from  passage;  tracks  authorized  to 
be  held  an  extension  of  the  Milwaukee  avenue  line  at 
Noble  street,  and  "subject  to  the  laws  and  ordinances 
now  in  force  applicable  thereto." 

25.  Ordinance  of  December  7,  1885  (Division  st.)  .  .pp.  102-3 

Twenty  years  from  passage;  to  be  held  as  an  ex- 
tension of  Milwaukee  avenue  line  at  Division  street, 
and  "subject  to  the  laws  and  ordinances  then  in  force 
and  applicable  thereto." 

26.  Ordinance  of  December  7,  1885  (Eighteenth  st.). pp.  104-6 

Twenty  years  from  passage,  as  an  extension  of 
Halsted  street  line. 

27.  Ordinance  of  December  7,  1885  (Van  Buren  st.).pp.  107-8 

Twenty  years  from  passage,  "subject,  except  as 
herein  otherwise  provided,  to  the  like  terms  and  con- 
ditions as  provided  by  the  ordinances  heretofore 
passed,  granting  the  right  to  construct  *  *  * 
tracks  of  said  company  on  Van  Buren  street  east  of 
Western  avenue." 


Vlll 

28.  Ordinance  of  December  9,  1885 pp.  109-10 

(a)  Ogfden  avenue  line;  twenty  years  from  pass- 
age; to  be  held  an  extension  of  tracks  then  operated 
on  Ogden  avenue  (Ord.  Feb.  28,  1876),  and  subject 
to  laws  and  ordinances  in  force  applicable  thereto. 

(b)  Leavitt  street  line;  twenty  years  from  passage; 
to  be  held  an  extension  of  tracks  on  Eighteenth  street. 
(Ord.  Dec.  7,  1885.) 

29.  Ordinance  of  March  I,  1886.  ., pp.  111-114 

Twenty  years  from  passage. 

30.  Ordinance  of  July  15,  1886.  ., pp.  115-7 

Twenty  years  from  passage. 

31.  Ordinance  of  March  21,  1892,  to  W.  C.  St.  R.R.pp.  118-25 

Twenty  years  from  passage. 

B.     VILLAGE  OF  JEFFERSON  ORDINANCES. 

1.  Ordinance  of  January  28,  1878 , pp.  126-7 

Eighty-one  years  from  passage  and  approval. 

2.  Ordinance  of  June  30,  1883 ,. .  .  ... .,. ., pp.  128-9 

Twenty  years  from  passage  and  approval. 


IX 


III. 

CONSTRUCTED  LINES  INVOLVED  IN  THE 
WEST  SIDE  CASE,  CLASSIFIED  ACCORD- 
ING TO  TIME  LIMIT  PROVISIONS,  OR 
ABSENCE  THEREOF,  IN  THE  SEVERAL 
MUNICIPAL  GRANTS  UNDER  WHICH 
THEY  WERE  CONSTRUCTED. 

i. 

LINES  CONSTRUCTED  UNDER  ORDINANCES  CONTAINING 
PROVISION  FOR  OPERATION  FOR  A  FIXED  TIME  AND 
THEREAFTER  UNTIL  PURCHASE  BY  CITY. 

(a) 
Under  Ordinances  Passed  Prior  to  April  23,  1875. 

Madison  street,  from  State  to  Western  avenue.   (Au- 
gust 1 6,  1858.) 

North  avenue,  from  Milwaukee  avenue  to  California 
avenue.     (March  8,  1875.) 

(b) 

Under  Ordinances  Passed  Subsequent  to  April  23,  1875. 

Blue  Island  avenue,  from  Rebecca  to  Twenty-second 
street.     (February  21,  1876.) 

Ogden    avenue,    from   Madison   to    Western   avenue. 
(February  28  and  July  10,  1876.) 

2. 

LINES  CONSTRUCTED  UNDER  ORDINANCES  CONTAINING 
PROVISION  FOR  OPERATION  FOR  A  FIXED  TIME,,  AND 
THEREAFTER  UNTIL  NEW  GRANT  BY  CITY  AND  PUR- 
CHASE BY  NEW  GRANTEE. 


All  Under  Ordinances  Passed  Subsequent  to  April  23, 


Canal   street,    from    Harrison    to    Canalport   avenue. 
(March  26,  1877.) 

Canalport  avenue,  from  Canal  to  Halsted.  (March  26, 
1877.) 

Chicago  avenue,  from  Milwaukee  avenue  to  Leavitt. 
(October  20,  1879.) 

Halsted  street,  from  Harrison  to  South  Branch.    (Sep- 
tember 25,  1876.) 

* 

Harrison  street,  from  Clinton  to  Canal.     (March  26, 
1877.) 

Madison  street,  from  Rockwell  to  Central  Park.  (June 
24  and  July  8,  1878.) 

Twelfth     street,    from     Canal    to    Ashland    avenue. 
(March  26,  1879.) 

Western  avenue,  from  Van  Buren  to  Madison.    (De- 
cember 23,  1878.) 

3- 

LINES  CONSTRUCTED  UNDER  ORDINANCES  CONTAINING 
NO  EXPRESS  PROVISION  AS  TO  TIME  LIMIT,  BUT  REFER- 
RING GENERALLY  TO  ALL  ORDINANCES  THERETOFORE 
PASSED. 

All  Under  Ordinances  Passed  Prior  to  April  23,  1875. 

Clinton  street,  from  Madison  to  Randolph.      (March 
28  and  July  n,  1864.) 

Clinton  street,  from  Madison  to  Twelfth  street.     (Au- 
gust 17,  1864.) 

Fifteenth  place  (formerly  Meagher  street),  from  Canal 
to  Jefferson.      (August  17,   1864.) 


XI 

Halsted    street,    from     Lake    to    Milwaukee    avenue. 
(March  14  and  March  28,  1864.) 

Jefferson  street,  from,  Fifteenth  place  to  Van  Buren. 
(Aug.  17,  1864.) 

4- 

LINE  CONSTRUCTED  UNDER  ORDINANCE  CONTAINING  NO 
EXPRESS  PROVISION  AS  TO  TIME  LIMIT,  BUT  REFERRING 
TO  TERMS  AND  CONDITIONS  OF  ANOTHER  ORDINANCE 
CONTAINING  PROVISION  FOR  OPERATION  UNTIL  PUR- 
CHASE BY  NEW  GRANTEE. 

Ordinance  Passed  Subsequent  to  April  23,  1875. 

O'Neil  street,  from  Halsted  to  car  barns.     (November 
27,  1876.) 

5- 

LINES  CONSTRUCTED  UNDER  ORDINANCES  EXPRESSLY  FIX- 
ING TIME  LIMIT,  BUT  REFERRING  TO  TERMS  AND  CON- 
DITIONS OF  ANOTHER  ORDINANCE  CONTAINING  PROVI- 
SION FOR  OPERATION  UNTIL  PURCHASE,  EITHER  BY 
CITY  OR  A  NEW  GRANTEE. 

All  Ordinances  Passed  Subsequent  to  April  23,  1875. 

Leavitt  street,  from  Chicago  avenue  to  Grand  avenue. 
(July  17,  1882.) 

Madison  street,  from  Homan  avenue  to  Hamlin  ave- 
nue.    (September  9,  1878.) 

Ogden  avenue,  from  Western  avenue  to  limits  (For- 
tieth avenue).     (February  7,  1881.) 

6. 

LINES  CONSTRUCTED  UNDER  ORDINANCE  OF  MAY  23, 
1859,  FIXING  TIME  LIMIT  BY  REFERENCE  TO  ACT  OF 
FEBRUARY  14,  1859. 

Blue  Island  avenue,  from  Halsted  street  to  Sixteenth 
street. 


Xll 

Bryan  place  (formerly  Park  street),  from  Lake  street 
to  Randolph  street. 

Fifth  avenue,  from  Randolph  street  to  Polk  street. 
Lake  street,  from  Bryan  place  to  Western  avenue. 

Milwaukee  avenue,  from  Desplaines  street  to  North 
avenue  (also,  probably,  from  North  avenue  to  Western 
avenue) . 

Polk  street,  from  Fifth  avenue  to  Canal  street. 
Randolph  street,  from  State  street  to  Bryan  place. 
Twelfth  street,  from  Wabash  avenue  to  Canal  street. 
Van  Buren  street,  from  State  street  to  Ogden  avenue. 


LINES  CONSTRUCTED  UNDER  ORDINANCES  EXPRESSLY  FIX- 
ING TIME  LIMIT,  BUT  REFERRING  TO  ORDINANCE  OF 
MAY  23,  1859,  FIXING  TIME  LIMIT  BY  REFERENCE  TO 
ACT  OF  FEBRUARY  14,  1859. 

(a) 
Ordinance  Passed  Prior  to  April  23,  1875. 

Van   Buren  street,   from  Ogden  avenue  to  Western 
avenue.     (November  13,  1871.) 

(b) 
Ordinances  Passed  Subsequent  to  April  23,  1875. 

Ashland  avenue,   from    North    avenue    to    Clybourn 
place.     (May  H,  1885.) 

Blackhawk,  from  Noble  to  Holt.     (May  n,  1885.) 

Blue  Island  avenue,  from  Twenty-second  to  Western 
avenue.     (October  14.  1878.) 

Clybourn  place,  from  Ashland  avenue  to  Wood  street. 
(May  n,  1885.) 


Xlll 

Division  street,  from  Milwaukee  avenue  to  200  feet 
west  of  California.  (December  7,  1885.) 

Holt  street,  from  Blackhawk  to  North  avenue.  (May 
ii.  1885.) 

Noble  street,  from  Blackhawk  to  North  avenue.  (May 
ii,  1885.) 

North  avenue,  from  Ashland  to  Holt.  (May  n, 
1885.) 

Ogden  avenue,  from  Madison  street  to  Randolph 
street.  (December  9,  1885.) 

Van  Buren  street,  from  Western  avenue  to  Kedzie. 
(December  7,  1885.) 

8. 

LINE  CONSTRUCTED   UNDER  ORDINANCES  CONTAINING  NO 
PROVISION   AS   TO  TIME  LIMIT. 

Halsted  street,  from  Lake  to  Harrison.  (November 
18,  1861.) 

9- 

LINES  CONSTRUCTED  UNDER  ORDINANCE  EXPRESSLY  PRO- 
VIDING THAT  RIGHTS  WILL  TERMINATE  AT  A  FIXED 
TIME. 

All  Ordinances  Passed  Subsequent  to  April  23,   i#/\5- 

Armitage  avenue,  from  Western  avenue  to  Washte- 
naw.  (Jefferson,  January  28.  1878.) 

Armitage  avenue,  from  Washtenaw  to*  California  ave- 
nue. (Jefferson,  June  30,  1883.) 

California  avenue,  from  Armitage  avenue  to  North 
avenue.  (Jefferson,  June  30.  1883.) 

Clinton  street,  from  Milwaukee  avenue  to  Randolph. 
(August  9,  1875.) 


XIV 

Eighteenth  street,  from  Halsted  to  Leavitt  street.  (De- 
cember 7,  1885.) 

Grand  avenue  (Indiana  street),  from  Milwaukee  ave- 
nue to  Western  avenue.  (August  9,  1875.) 

Halsted  street,  from  Milwaukee  avenue  to  North 
Branch.  (March  i,  1886.) 

Lake  street,  from  Union  Park  to  Wabash  avenue. 
(November  29,  1880.) 

Lake  street,  from  Rockwell  to  Central  Park  (Homan 
avenue).  (November  29,  1880.) 

Lake  street,  from  Homan  avenue  to  Crawford  avenue. 
(July  15,  1886.) 

Milwaukee  avenue,  from  Halsted  to  Clinton.  (Au- 
gust 9,  1875.) 

Milwaukee  avenue,  from  Clinton  to>  Lake.  (Novem- 
ber 29,  1880.) 

Milwaukee  avenue,  from  Western  avenue  to  Armi- 
tage.  (Jefferson,  January  28,  1878.) 

Milwaukee  avenue,  from  Armitage  avenue  to'  Belmont. 
(March  21,  1892.)  (W.  C.  St.  R.  R.  Co.) 

Twelfth  street,  from  Ashland  avenue  to  Ogden  ave- 
nue. (August  26,  1878.) 

Randolph  street,  from  State  to  Michigan  avenue. 
(August  26,  1878.) 

10. 

LINE  CONSTRUCTED  UNDER  ORDINANCES  EXPRESSLY  FIX- 
ING TIME  LIMIT,  BUT  REFERRING  TO  TERMS  AND  CON- 
DITIONS OF  ANOTHER  ORDINANCE  PROVIDING  THAT 
RIGHTS  WILL  TERMINATE  AT  A  FIXED  TIME. 

Leavitt  street,  from  Eighteenth  street  to  Blue  Island 
avenue.  (December  9,  1885.) 


AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION  AND 
OPERATION  OF  CERTAIN  HORSE  RAILWAYS  IN  THE 
STREETS  OF  THE  ClTY  OF  CHICAGO.  (Passed  August 

16,  1858.) 

Be  It  Ordained  by  the  Common  Council  of  the  City  of 
Chicago : 

SECTION  i.  That  there  is  hereby  granted  to  Henry 
Fuller,  Franklin  Parmalee  and  Liberty  Bigelow,  and 
such  other  persons  as  may  hereafter  become  associated 
with  them,  and  to  their  executors,  administrators  and 
assigns,  permission  and  authority  and  consent  of  the  com- 
mon council  to  lay  a  single  or  double  track  for  a  railway, 
with  all  necessary  and  convenient  tracks  for  turnouts, 
sidetracks  and  switches,  in  and  along  the  course  of  cer- 
tain streets  in  the  City  of  Chicago  hereinafter  mentioned, 
and  to  operate  railway  cars  and  carriages  thereon  in  the 
manner  and  for  the  time  and  upon  the  conditions  here- 
inafter prescribed;  provided,  that  said  tracks  shall  not 
be  laid  within  twelve  feet  of  the  sidewalks  upon  any  of 
the  streets. 

SEC.  2.  That  said  parties  are  hereby  authorized  to  lay 
a  single  or  double  track  for  a  railway  in  and  along  the 
course  of  the  following  streets  in  said  city,  and  extending 
the  same  as  follows :  Commencing  on  State  street,  at 
the  south  side  of  Lake  street;  thence  south  to  the  present 
city  limits.  Also,  commencing  on  State  street,  at  the 
junction  of  Ringgold  place;  thence  on  Ringgold  place  to 
Cottage  Grove  avenue,  thence  on  Cottage  Grove  avenue 
to  the  present  limits  of  the  City  of  Chicago.  Also,  com- 
mencing on  State  street,  at  the  junction  of  the  Archer 
road;  thence  along  the  said  Archer  road  to  the  present 


limits  of  the  city.  Also,  commencing  on  State  street,  at 
the  intersection  of  Madison  street,  and  extending  west 
along  said  Madison  street  to  the  present  city  limits. 

SEC.  3.  The  cars  to  be  used  upon  said  tracks  shall  be 
operated  with  animal  power  only;  and  said  railways  shall 
not  connect  with  any  other  railroad  on  which  other  power 
is  used,  and  no  railway  car  or  carriage  used  upon  any 
other  railroad  in  this  state  shall  be  used  or  passed  upon 
said  tracks. 

SEC.  4.  The  said  tracks  and  railways  shall  be  used  for 
no  other  purpose  than  to  transport  passengers  and  their 
ordinary  baggage,  and  the  cars  or  carriages  used  for 
that  purpose  shall  be  of  the  best  style  and  class  in  use 
on  such  railways.  The  common  council  shall  have  power 
at  all  times  to  make  such  regulations  as  to  the  rate  of 
speed  and  time  of  running  said  cars  or  carriages  as  the 
public  safety  and  convenience  may  require. 

SEC.  5.  The  tracks  of  said  railways  shall  not  be  ele- 
vated above  the  surface  of  the  street;  shall  be  laid  with 
modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  tracks 
at  any  and  all  points,  and  in  any  and  all  directions,  with- 
out obstruction. 

SEC.  6.  The  rate  of  fare  for  any  distance  shall  not 
exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  a  specific  purpose. 

SEC.  7.  The  said  parties,  their  associates  and  succes- 
sors, shall  pay  one-third  of  the  cost  of  grading,  paving 
macadamizing,  filling  or  planking  on  the  streets  or  parts 
of  streets  on  which  they  shall  construct  their  said  rail- 
ways, and  in  the  respects  last  mentioned  shall  keep  such 
portion  of  the  respective  streets  as  shall  be  occupied  by 


their  said  railways,  or  either  of  them,  in  good  repair  and 
condition  during  the  whole  time  that  the  privileges  here- 
by granted  to  said  parties  shall  extend,  in  accordance  with 
whatever  orders  may  be  passed  in  that  behalf  by  the  com- 
mon council  of  the  said  City  of  Chicago;  and  said  parties 
shall  be  liable  for  all  legal  or  consequential  damages 
which  may  be  sustained  by  any  person  by  reason  of  the 
carelessness,  neglect  or  misconduct  of  any  agent  or  serv- 
ant of  said  parties,  in  the  course  of  their  employment  in 
the  construction  or  the  use  of  the  said  tracks  or  railways, 
and  said  parties  shall  moreover  pay  to  the  property 
owners  on  any  street  so  used  by  them  as  aforesaid  for 
their  said  railways,  which  has  since  the  first  day  of  Jan- 
uary, A.  D.  1858,  been  paved,  macadamized  or  planked 
and  at  any  time  between  said  date  last  mentioned  and  the 
time  of  going  into  the  occupation  of  either  of  said  re- 
spective streets  with  the  said  railway  by  said  parties,  their 
associates  or  successors,  may  be  paved,  macadamized  or 
planked,  one-third  of  the  reasonable  cost  and  expense 
thereof  so  paid  by  said  property  owners,  respectively. 

SEC.  8.  The  rights  and  privileges  granted  to  said  par- 
ties by  virtue  of  this  ordinance  shall  be  forfeited  to  the 
City  of  Chicago  unless  the  construction  of  one  of  said 
railways  shall  be  commenced  on  or  before  the  first  day 
of  November,  A.  D.  1858;  and  unless  the  said  railway 
commencing  on  the  south  side  of  Lake  street  and  extend- 
ing to  Ringgold  place  shall  be  fully  completed  and  ready 
for  use  on  or  before  the  fifteenth  day  of  October,  A.  D. 
1859;  and  the  Madison  street  railway,  commencing  at 
the  intersection  of  State  street,  and  running  on  said  Mad- 
ison street  to  the  city  limits,  completed  and  ready  for 
use  on  or  before  the  fifteenth  day  of  October,  A.  D.  1860; 
and  said  railway  from  Ringgold  place  to  Cottage  Grove 


avenue,  and  along  the  same  to  the  city  limits,  by  the  first 
day  of  January,  A.  D.  1861,  and  all  the  remaining  rail- 
ways hereinbefore  mentioned,  on  or  before  the  first  day 
of  January,  A.  D.  1863,  the  said  railways,  together  with 
all  improvements  made  upon  the  same,  shall  be  forfeited 
to  said  City  of  Chicago,  unless  the  common  council  of 
said  city  shall  grant  to  said  parties  a  further  extension  of 
time;  provided,  that  if  said  parties  are  delayed  by  the 
order  or  injunction  of  any  court,  the  time  of  such  delay 
shall  be  excluded,  and  the  same  time,  in  addition  to  the 
periods  above  prescribed,  shall  be  allowed  for  the  com- 
pletion of  said  railways  as  that  during  which  they  may 
be  so  delayed. 

SEC.  9.  If  the  said  parties,  their  associates  or  succes- 
sors shall  hereafter  become  incorporated,  the  rights  and 
privileges  granted  to  them  by  virtue  of  this  ordinance 
shall  extend  to  such  corporation  for  the  time  and  upon 
the  conditions  herein  prescribed,  and  when  such  act  of 
incorporation  shall  have  been  obtained,  such  corporation 
shall  have  all  the  rights  and  privileges  hereby  granted  as 
the  successors  of  said  parties,  without  further  action  of 
the  common  council. 

SEC.  10.  The  right  to  operate  said  railways  shall  ex- 
tend to  the  full  time  of  twenty-five  years  from  the  passage 
hereof,  and  at  the  expiration  of  said  time  the  parties  oper- 
ating said  railways  shall  be  entitled  to  enjoy  all  of  said 
privileges  until  the  common  council  shall  elect,  by  order 
for  that  purpose,  to  purchase  said  tracks  of  said  railways, 
cars,  carriages,  station  houses,  station  grounds,  depot 
grounds,  furniture  and  implements  of  every  kind  and 
description,  used  in  the  construction  or  operation  of  said 
railways,  or  any  of  the  appurtenances  in  and  about  the 
same,  and  pay  for  the  same  in  the  manner  hereinafter 
mentioned. 


5 

SEC.  ii.  Such  order  shall  fix  the  time  when  said  City 
of  Chicago  will  take  such  railways  and  other  property 
before  mentioned,  which  shall  not  be  less  than  six  months 
after  the  passage  of  said  order,  and  at  the  time  of  taking 
said  railways  and  other  property  before  mentioned  the 
City  of  Chicago  shall  pay  to  the  parties  operating  the 
same  a  sum  of  money  to  be  ascertained  by  three  commis- 
sioners, to  be  appointed  for  that  purpose,  as  follows: 
One  to  be  chosen  from  the  disinterested  freeholders  of 
Cook  County  by  the  said  common  council,  one  in  like 
manner  by  the  said  parties,  their  associates  or  successors 
and  the  two  persons  so  chosen  to  choose  the  third  from 
said  freeholders. 

SEC.  12.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  impaired  or  affected 
by  this  ordinance,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereto. 

SEC.  13.  The  said  Henry  Fuller,  Franklin  Parmalee 
and  Liberty  Bigelow  shall  enter  into  a  good  and  sufficient 
bond  with  the  City  of  Chicago,  in  the  penal  sum  of  twenty- 
five  thousand  dollars,  for  the  faithful  performance  of  all 
the  terms  and  conditions  herein  contained  in  this  ordi- 
nance, and  that  said  railways  herein  mentioned  shall  be 
completed  at  the  times  and  manner  herein  stated,  unless 
delayed  by  the  order  or  injunction  of  some  court  having 
jurisdiction  of  such  matters,  from  so  completing  the 
same,  and  until  such  bond  shall  be  so  executed  by  said 
parties,  this  ordinance  shall  have  no  force  or  effect  what- 
ever. 

SEC.  14.  All  ordinances  or  parts  of  ordinances  hereto- 
fore passed,  respecting  the  subject-matter  of  this  ordi- 


nance  (except  that  to  which  this  is  an  amendment),  or 
in  conflict  with  this  ordinance,  or  that  to  which  the  same 
is  an  amendment,  is  hereby  repealed. 

(Special  Ordinances,  pp.  1042-5.) 


AN  ORDINANCE  TO  AMEND  AN  ORDINANCE,  ENTITLED 
"AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION 
AND  OPERATION  OF  CERTAIN  HORSE  RAILWAYS  IN  THE 

STREETS  OF  THE  CITY  OF  CHICAGO/'    (Passed  Decem- 
ber 20,   1858.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  af 
Chicago: 

SECTION  I.  That  sections  seven  and  thirteen  of  the 
above  entitled  ordinance  be  so  amended  as  to  read  as 
follows,  viz.:  That  section  seven  be  so  amended  as  to 
read:  That  said  parties  and  their  associates  shall,  as 
respects  the  grading,  paving,  macadamizing,  filling  or 
planking  of  the  streets  or  parts  of  streets  upon  which 
they  shall  construct  their  said  railways,  or  any  of  them, 
keep  so  much  of  said  respective  streets  as  shall  be  occu- 
pied by  the  said  railways,  or  either  of  them,  in  good 
repair  and  condition  during  all  of  the  time  to  which  the 
privileges  hereby  granted  to  said  parties  shall  extend,  in 
accordance  with  whatever  orders  or  regulations  respect- 
ing the  ordinary  repairs  thereof  may  be  passed  or  adopted 
by  the  common  council  of  said  city ;  and  the  said  parties 
shall  be  liable  for  all  the  legal  consequential  damages 
which  may  be  sustained  by  any  person  by  reason  of  the 
carelessness  or  misconduct  of  any  of  the  agents  or  serv- 
ants of  the  said  parties,  in  the  course  of  their  employment 
in  the  construction  or  use  of  the  railways  aforesaid,  or 
either  of  them.  And  section  thirteen  be  so  amended  as 
to  read :  The  said  Henry  Fuller,  Franklin  Parmalee  and 
Liberty  Bigelow  shall  enter  into  a  penal  bond,  in  the  sum 
of  twenty-five  thousand  dollars,  with  the  said  City  of 
Chicago,  conditioned  for  the  faithful  performance  of  all 
the  terms  and  conditions  in  the  said  above  entitled  ordi- 


8 

nance,  as  hereby  amended,  are  contained  and  set  forth, 
and  that  the  railways  aforesaid  shall  be  completed  at  the 
time  and  in  the  manner  in  the  aforesaid  ordinance  speci- 
fied, unless  delayed  by  the  order  or  injunction  of  some 
court  of  competent  jurisdiction  from  so  completing  the 
same.  And  the  giving  of  the  bond  above  mentioned  shall 
supersede  the  bond  heretofore  given  by  said  parties  under 
the  original  ordinance  aforesaid,  and  the  same  shall  be 
surrendered  up  and  canceled. 

(Special  Ordinances,  p.  1045.) 


AN  ORDINANCE  AUTHORIZING  THE  EXTENSION  AND  OP- 
ERATION OF  CERTAIN  HORSE  RAILWAYS  IN  THE  STREETS 
OF  THE  SOUTH  AND  WEST  DIVISIONS  OF  CHICAGO. 

(Passed  May  23,  1859.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago1: 

SECTION  i.  That  under  and  by  virtue  of  an  Act  of  the 
Legislature  of  the  State  of  Illinois,  entitled :  "An  Act 
to  promote  the  construction  of  horse  railways  in  the  City 
of  Chicago,"  approved  the  I4th  day  of  February,  A.  D. 
1859,  constituting  Franklin  Parmalee,  Liberty  Bigelow, 
Henry  Fuller  and  David  A.  Gage,  and  their  successors, 
a  body  corporate  and  politic,  by  the  name  of  "The  Chi- 
cago City  Railway  Company,"  and  by  virtue  of  the 
powers  and  authority  in  the  said  common  council  other- 
wise by  law  vested,  consent,  permission  and  authority  are 
hereby  unto  the  said  "The  Chicago  City  Railway  Com- 
pany" given,  granted  and  duly  vested,  to  lay  a  single  or 
double  track  for  a  railway,  with  all  necessary  and  con- 
venient tracks  for  turn-outs,  side-tracks  and  switches,  in 
and  along  the  course  of  the  streets  and  bridges  of  the 
south  and  west  divisions  of  the  City  of  Chicago  herein- 
after mentioned ;  and  the  same  to  keep,  maintain  and  use, 
and  to  operate  thereon  railway  cars  and  carriages,  during 
all  the  term  in  the  said  act  of  the  fourteenth  of  February, 
A.  D.  1859,  specified  and  prescribed,  in  the  manner  and 
upon  the  conditons  hereinafter  prescribed;  provided,  that 
said  tracks  shall  not  be  laid  within  twelve  feet  of  the 
sidewalk  upon  any  of  the  streets  hereinafter  mentioned, 
in  any  case  wherein  it  is  practicable  to  be  avoided. 

SEC.  2.     The  said  company  is  hereby  as  above  men- 


10 

tioned,  authorized  to  lay  a  single  or  double  track  for  such 
railways  in  and  along  the  course  of  the  following  streets 
of  said  south  and  west  divisions  of  Chicago,  and  to  ex- 
tend the  same  as  follows : 

Commencing  on  Lake  street,  at  the  intersection  of  said 
Lake  street  with  the  east  line  of  Market  street,  and  thence 
west,  with  a  single  or  double  track,  in  and  along  the 
course  of  said  Lake  street,  to  Lake  street  bridge;  thence 
westerly  with  a  single  or  double  track,  over  said  bridge, 
and  in  and  along  the  course  of  said  Lake  street,  to  the 
present  and  future  limits  of  the  city. 

Commencing  on  Randolph  street,  at  the  intersection 
with  the  State  street  railway,  and  thence  west,  with  a 
single  or  double  track,  in  and  along  the  course  of  said 
Randolph  street,  to  Union  Park;  thence  in  and  along 
Park  street  to  intersect  with  the  said  Lake  street  track. 

Commencing  on  Desplaines  street  and  intersecting  with 
the  said  Lake  street  track,  and  thence  northerly,  with  a 
single  or  double  track,  in  and  along  the  course  of  said 
Desplaines  street  to  Milwaukee  avenue,  and  thence  in 
and  along  the  course  of  said  Milwaukee  avenue  to  the 
present  and  future  city  limits. 

Commencing  on  Canal  street,  at  the  point  of  intersec- 
tion with  said  Lake  street  track,  and  thence  southerly, 
with  a  single  or  double  track,  in  and  along  the  course  of 
said  Canal  street,  to  intersect  with  the  track  to  be  upon 
Polk  street,  as  hereinafter  mentioned. 

Commencing  on  Harrison  street,  at  the  intersection 
with  Canal  street  aforesaid,  thence  westerly,  with  a  single 
or  double  track,  in  and  along  said  Harrison  street  to  the 
southwestern  plank  road. 

Commencing  on  Market  street,  at  the  intersection  with 


IT 

Lake  street  railway  aforesaid,  thence  southerly,  with  a 
single  or  double  track  in  and  along  the  course  of  said 
Market  street,  to  intersect  with  the  Madison  street  rail- 
way. 

Commencing  on  South  Wells  street,  at  the  intersection 
with  the  said  Randolph  street  track,  and  thence  south- 
erly, with  a  single  or  double  track,  in  and  along  the  course 
of  said  Wells  street,  to  Polk  street ;  thence  westerly,  with 
a  like  track,  in  and  along  the  course  of  said  Polk  street, 
to  Canal  street  as  aforesaid;  and  thence  southerly,  with 
a  like  track,  in  and  along  the  course  of  said  Canal  street, 
to  the  Chicago,  Burlington  &  Quincy  Railroad. 

Commencing  on  South  Clark  street,  at  a  point  inter- 
secting said  Randolph  street  track,  and  thence  southerly, 
with  a  single  or  double  track,  in  and  along  the  course  of 
said  Clark  street,  to  Polk  street ;  and  thence  westerly,  with 
a  like  track,  in  and  along  the  course  of  said  Polk  street, 
to  Wells  street. 

Commencing  on  State  street,  at  the  intersection  of  Van 
Buren  street,  thence  westerly,  on  Van  Buren  street,  and 
in  and  along  said  Van  Buren  street,  to  the  southwestern 
plank  road. 

Commencing  on  Harrison  street,  at  its  intersection  with 
Canal  street,  and  thence,  with  a  like  track,  in  and  along 
said  Harrison  street,  to  Blue  Island  avenue;  and  thence 
with  a  like  track,  in  and  along  the  course  of  said  Blue 
Island  avenue,  to  the  Chicago,  Burlington  &  Quincy 
Railroad. 

Commencing  on  Twelfth  street,  at  the  intersection  with 
State  street  railway,  and  thence  easterly  with  a  single  or 
double  track,  in  and  along  the  course  of  said  Twelfth 
street,  to  Wabash  avenue;  thence  south,  with  a  like  track, 


12 

in  and  along  the  said  Wabash  avenue,  to  Old  street; 
thence  in  and  along  said  Old  street  to  Indiana  avenue, 
thence  in  and  along  Indiana  avenue  to  intersect  with  the 
Cottage  Grove  railway. 

Also  commencing  on  Twelfth  street,  at  the  intersection 
of  State  street,  thence  westerly,  in  and  along  said  Twelfth 
street,  with  a  like  track,  to  the  intersection  of  Blue  Island 
avenue. 

SEC.  3.  The  said  railway  upon  Randolph  street,  as 
aforesaid,  is  to  be  completed  from  said  State  street  to 
Union  Park  aforesaid  within  three  months,  and  from  said 
Union  Park  to  Robey  street,  within  five  months  after 
the  passage  of  this  ordinance.  The  said  railway  upon 
Lake  street  as  aforesaid  to  be  completed  from  said  Mar- 
ket street  to  Union  Park,  as  aforesaid;  that  upon  South 
Wells  street,  as  aforesaid,  to  be  completed  from  Randolph 
to  Polk  street  aforesaid ;  and  that  upon  South  Qark  street, 
as  aforesaid,  is  to  be  completed  from  said  Randolph  street 
to  said  Van  Buren  street,  and  in  and  along  Van  Buren 
street  to  the  southwestern  plank  road,  severally,  within 
eighteen  months  from  the  passage  of  this  ordinance.  And 
the  said  railway  upon  Canal  street  is  to  be  extended  and 
completed  to  the  Chicago,  Burlington  &  Quincy  Railroad, 
and  the  said  railways  on  Harrison  street  to  Blue  Island 
avenue,  and  on  Blue  Island  avenue  southerly  to  Twelfth 
street,  are  to  be  completed  within  one  year  from  the  pas- 
sage of  this  ordinance.  And  the  said  railways  upon  Des- 
plaines  street  and  Milwaukee  avenue  are  to  be  extended 
and  completed  to  the  city  limits  before  the  first  day  of 
the  next  session  of  the  Legislature  of  this  State.  The 
other  of  said  railways  included  in  the  second  section 
aforesaid,  and  not  above  in  this  section  specified,  shall  be 
completed  as  soon  after  the  passage  hereof  as  may  be 


practicable,  but  whenever  the  common  council  shall  de- 
termine that  the  public  interest  requires  any  one  of  said 
railways  last  mentioned  to  be  constructed  or  extended, 
and  shall  by  ordinance  direct  that  such  railway  shall  be 
constructed  or  extended  as  the  case  may  be,  then  said 
company  shall  be  required  to  complete  such  construction 
or  extension  in  sixty  days  after  being  notified  of  such 
ordinance;  provided,  however,  that  such  ordinance  shall 
include  but  one  street  only;  that  then  there  shall  be  an 
interval  of  at  least  three  months  between  such  ordinances, 
and  that  the  same  shall  not  be  made  at  an  unseasonable 
time  of  year  for  doing  such  work. 

SEC.  4.  The  cars  to  be  used  upon  said  tracks  shall  be 
operated"  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad  on  which  other  power  is  used, 
and  no  railway  car,  or  carriage  used  upon  any  other 
railroad  in  this  state,  shall  be  used  upon  any  of  said 
tracks. 

SEC.  5.  The  said  tracks  and  railways  shall  be  used  for 
no  other  purpose  than  to  transport  passengers  and  their 
ordinary  baggage,  and  the  cars  and  carriages  for  that 
purpose  shall  be  of  the  best  style  and  class  in  use  on  such 
railways.  The  common  council  shall  have  power  at  all 
times  to  make  such  regulations  as  to  the  rate  of  speed 
and  time  of  running  said  cars  or  carriages  as  the  public 
safety  and  convenience  may  require. 

SEC.  6.  The  track  of  any  such  railways  shall  not  be 
elevated  above  the  surface  of  the  street ;  shall  be  laid  with 
modern  improved  rails,  and  shall  be  so  laid  that  carriages 
and  other  vehicles  can  easily  and  freely  cross  said  tracks, 
at  any  and  all  points,  and  in  any  and  all  directions,  with- 
out obstruction;  provided,  whenever  the  said  railway  com- 
pany construct  two  tracks  on  the  same  street,  that  the 


14 

said  tracks  shall  be  constructed  perfectly  parallel,  as  far 
as  practicable. 

SEC.  7.  The  rate  of  fare  for  any  distance  shall  not 
exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 

SEC.  8.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  the 
streets  or  parts  of  streets  upon  which  they  shall  construct 
their  said  railways,  or  any  of  them,  keep  eight  feet  in 
width  along  the  line  of  said  railway,  on  all  streets  where- 
on one  track  is  constructed,  and  sixteen  feet  in  width 
along  the  line  of  said  railway  where  two  tracks  are  con- 
structed, in  good  repair  and  condition  during  all  the  time 
to  which  the  privileges  hereby  granted  to  said  company 
shall  extend,  in  accordance  with  whatever  order  or  regu- 
lation respecting  the  ordinary  repairs  thereof,  may  be 
passed  or  adopted  by  the  common  council  of  said  city. 
And  the  said  company  shall  be  liable  for  all  legal  conse- 
quential damages  which  may  be  sustained  by  any  person 
by  reason  of  the  carelessness,  negligence  or  misconduct 
of  any  of  the  agents  or  servants  of  said  company  in  the 
course  of  their  employment  in  the  construction  or  use  of 
the  railways  aforesaid,  or  any  or  either  of  them. 

SEC.  9.  If  the  said  company  shall  fail  to  complete  any 
of  the  aforesaid  railways,  in  said  second  section  men- 
tioned, at  the  time  mentioned  and  provided,  and  accord- 
ing to  the  conditions  prescribed  in  the  third  section  of 
this  ordinance,  then  the  rights  and  privileges  granted  by 
virtue  hereof  respecting  said  railways,  in  the  said  section 
mentioned,  shall  be  forfeited,  together  with  all  or  any  im- 
provements made  upon  any  of  the  said  railways,  to  the 
City  of  Chicago,  unless  the  common  council  of  said  city 
shall  grant  to  said  company  a  further  extension  of  time; 


is 

provided,  that  if  said  company  is  delayed  by  the  order  or 
injunction  of  any  court,  the  time  of  such  delay  shall  be 
excluded  from  the  time  above  prescribed. 

SEC.  10.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereto. 

SEC.  ii.  All  the  rights  and  privileges  heretofore 
granted,  or  intended  to  be  granted  to  the  said  Franklin 
Parmalee,  Liberty  Bigelow  and  Henry  Fuller,  by  an  ordi- 
nance, entitled :  "An  ordinance  authorizing  the  construc- 
tion and  operation  of  certain  horse  railways  in  the  streets 
of  the  City  of  Chicago,"  or  any  amendment  thereto,  are 
hereby  granted  and  confirmed  to  the  said  "The  Chicago 
City  Railway  Company,"  and  its  successors. 

SEC.  12.  The  said  Franklin  Parmalee,  Liberty  Bige- 
low, Henry  Fuller  and  David  A.  Gage,  shall  enter  into 
a  bond  with  the  City  of  Chicago  in  the  penal  sum  of 
dollars,  conditioned  for  the  faithful  per- 
formance by  said  company,  of  all  the  terms  and  conditions 
of  this  ordinance,  and  that  the  railways  aforesaid  shall  be 
completed  at  the  time  and  in  the  manner  in  this  ordinance 
specified,  unless  delayed  by  the  order  or  injunction  of 
some  court  of  competent  jurisdiction  from  so  completing 
the  same.  And  until  such  bond  is  made  by  the  said  par- 
ties, this  ordinance  is  to  have  no  force  or  effect  whatever. 
(Special  Ordinances,  pp.  1046-50.} 


i6 


AN  ORDINANCE  AMENDATORY  OF  THE  ORDINANCE  EN- 
TITLED, "AN  ORDINANCE  AUTHORIZING  THE  EX- 
TENSION AND  OPERATION  OF  CERTAIN  HORSE  RAIL- 
WAYS IN  THE  STREETS  OF  THE  SOUTH  AND  WEST 
DIVISIONS  OF  CHICAGO/'  PASSED  MAY  23,  1859. 
(Passed  February  13,  1860.) 

Be  it  Ordained  by  the  Common  Council  of  the  City 
of  Chicago: 

SECTION  I.  That  the  third  section  of  the  ordinance 
entitled,  "An  ordinance  authorizing  the  extension  and 
operation  of  certain  horse  railways  in  the  streets  of  the 
south  and  west  divisions  of  Chicago,"  be  and  the  same 
is  hereby  so  amended  that  the  time  for  the  construction 
of  the  railway  track  on  Clark  street  in  said  ordinance 
mentioned  be  extended  for  the  period  of  ten  years,  and 
that  the  time  for  the  construction  of  the  several  rail- 
ways, and  each  and  every  one  thereof  in  said  section 
mentioned  or  referred  to,  be  extended  for  the  period  of 
five  years  beyond  the  time  mentioned  in  said  ordinance 
for  the  completion  thereof;  Provided,  however,  that  the 
Blue  Island  avenue  and  the  Milwaukee  avenue  lines  shall 
severally  be  completed  within  the  period  of  two  years 
from  the  passage  of  this  ordinance. 

(Special  Ordinances,  p.  1050.) 


AN   ORDINANCE   EXEMPTING    CANAL   STREET   AND  OTHER 
STREETS   FROM   RAILWAY   USES,   BY  SUBSTITUTION,  AND 

FOR  OTHER  PURPOSES.     (Passed  November  18,  1861.) 

Be  it   Ordained  by  the  Common  Council  of  the  City 
of  Chicago: 

SECTION  i.  That  in  consideration  of  the  extending  by 
the  Chicago  City  Railroad  Company  of  its  railway  upon 
West  Lake  street,  from  Robey  street  to  the  west  limits 
of  the  city  within  ninety  days  from  the  passage  hereof, 
and  the  release  and  surrender  by  said  company  of  any 
and  all  right  to  lay  down  a  railway  track  along  the  course 
of  either  Canal  street,  Harrison  street  or  Lake  street 
from  the  east  line  of  Market  street  to  the  same  line 
of  Desplaines  street,  and  which  said  streets  so  released 
the  said  city  is  to  preserve  and  keep  at  all  times  free  from 
any  such  railway ;  authority  and  consent  are  hereby  given 
and  granted  unto  said  company  to  lay  down  and  use  a 
single  or  double  track  for  a  railway  with  all  necessary 
and  convenient  tracks  for  turn-outs  and  switches 
in  and  upon  Desplaines  street,  from  Lake  street 
aforesaid  to  Randolph  street,  and  in,  upon  and  along 
Halsted  street  from  said  Lake  street  southerly  to  Blue 
Island  avenue,  and  thence  on  Blue  Island  avenue  to  the 
city  limits;  but  which  last  mentioned  railway  on  said 
Halsted  street  and  Blue  Island  avenue,  said  company 
shall  not  be  required  to  construct  at  any  time  within  three 
years  from  the  passage  hereof. 

SEC.  2.  That  the  ordinance  entitled,  "An  ordinance 
authorizing  the  construction  and  operation  of  certain 
horse  railways  in  the  streets  of  the  City  of  Chicago," 
passed  August  16,  1858,  and  also  the  ordinance  entitled, 
"An  ordinance  authorizing  the  extension  and  operation 


i8 

of  certain  horse  railways  in  the  streets  of  the  south  and 
west  divisions  of  Chicago,"  passed  May  23,  1859,  and  all 
amendments  thereof,  be  and  the  same  are  hereby  so 
amended  as  that  the  time  therein  prescribed  for  the  con- 
struction of  the  several  railways  therein  mentioned,  ex- 
cept said  West  Lake  street  from  Robey  to  the  city  limits 
aforesaid,  and  also  excepting  the  railway  upon  Desplaines 
street  and  Milwaukee  avenue  north  of  Lake  street  afore- 
said, is  extended  for  the  period  of  five  years.  That  both 
as  to  the  construction  and  maintenance  of  each  and  every 
of  the  aforesaid  railways,  said  company  shall  use  suitable 
rails  of  not  less  than  a  five-inch  flange  (except  on  Lake 
street  west  of  Robey  street),  for  the  purpose;  shall  avoid 
the  unnecessary  elevation  of  their  tracks  above  the  sur- 
face of  the  street,  and  so  lay,  or  where  laid,  so  main- 
tain the  same  as  not  necessarily  to  obstruct  the  passage 
of  carriages  or  vehicles  over  them,  or  to  impair  the  use- 
fulness of  the  street  whereupon  they  are  laid;  shall  run 
cars  or  carriages  thereon  of  a  suitable  style  and  descrip- 
tion, and  at  all  such  times  and  rate  of  speed  as  the  public 
convenience  and  safety  shall  to  it  seem  to  require. 

SEC.  3.  That  if  the  said  company  shall  fail  to  con- 
struct any  portion  of  the  railways  aforesaid  within  the 
time  prescribed  for  doing  the  same,  it  shall  thereupon 
forfeit  all  right  to  such  portion;  and  if  it  fail  to  con- 
struct said  railway  on  West  Lake  street  from  Robey 
street  to  the  city  limits  within  ninety  days,  as  aforesaid, 
it  shall  thereupon  forfeit  all  and  singular  the  rights,  privi- 
leges and  extension  of  time  by  this  ordinance  granted, 
conferred  or  intended,  and  all  parts  of  the  several  ordi- 
nances aforesaid,  inconsistent  with  any  of  the  provisions 
of  this  ordinance  are  hereby  repealed;  provided,  that 
if  said  company  shall  be  delayed  by  the  order  or  in  June- 


19 

tion  of  any  court  of  competent  jurisdiction  from  com- 
pleting any  of  the  railways  aforesaid,  the  time  of  such 
delay  shall  be  excluded  from  the  period  prescribed  herein 
for  completing  the  same. 

(Special  Ordinances,  pp,  1051-2.} 


20 


AN    ORDINANCE     FOR     THE     PRESERVATION     OF     CERTAIN 
STREETS   OF    CHICAGO   FROM   RAILWAY    USES.       (Passed 

November  16,  1863.) 

Be  it  Ordained   by  the  Common  Council  of  the  City 
of  Chicago: 

SECTION  I.  That  whereas,  by  an  act  of  the  General 
Assembly  of  the  State  of  Illinois,  entitled,  "An  Act  to 
promote  the  construction  of  horse  railways  in  the  City 
of  Chicago,"  approved  February  14,  1859,  and  by  an 
ordinance  of  the  common  council  of  the  said  city  entitled, 
"An  Ordinance  authorizing  the  construction  and  opera- 
tion of  certain  horse  railways  in  the  streets  of  the  City 
of  Chicago,"  passed  August  16,  1858,  and  also  by  a 
certain  other  ordinance  of  said  city,  in  pursuance  of  the 
act  aforesaid,  entitled,  "An  Ordinance  authorizing  the 
extension  and  operation  of  certain  horse  railways  in  the 
streets  of  the  south  and  west  divisions  of  Chicago," 
passed  May  23,  1859;  and  also  by  an  ordinance  of  said 
city,  entitled,  "An  Ordinance  exempting  Canal  street 
and  other  streets  from  railway  uses  by  substitution^  and 
for  other  purposes,"  passed  November  18,  1861,  au- 
thority and  consent  were  and  are  duly  granted  to, 
vested  in  and  accepted  by  the  Chicago  City  Railway 
Company  and  its  assigns,  to  construct  single  or  double 
track  horse  railways,  in,  upon,  and  along  certain  streets 
of  said  city,  and  to  use  the  same  for  the  period  in  said 
ordinances  mentioned,  among  which  said  streets  so  men- 
tioned are  Wabash  avenue  and  Lake  street ;  and  whereas, 
it  is  deemed  and  considered  by  the  common  council  of 
said  city  that  the  permanent  interest  and  welfare  of  said 
city  demand  the  exclusion  of  all  such  railways  from  said 
Wabash  avenue  and  from  all  of  said  Lake  street,  east 


21 

of  the  east  line  of  Peck  street  and  from  certain  other 
streets  hereinafter  named,  and  that  the  same  shall  be 
kept  at  all  times  free  from  such  railways,  and  that  no 
other  railways  than  those  above  authorized  should  be 
permitted  upon  the  streets  in  said  ordinances  mentioned, 
or  those  wherein  they  are  now  in  use;  whereas,  also  the 
Chicago  West  Division  Railway  Company  in  pursuance 
of  an  act  of  said  general  assembly,  entitled,  "An  act  to 
authorize  the  extension  of  horse  railways  in  the  City  of 
Chicago,"  approved  February  21,  1861,  has  acquired  by 
contract  with  the  said  Chicago  City  Railway  Company, 
all  such  right  to  use  said  streets  as  was  and  hereby  is 
granted  to  said  last  named  company,  as  aforesaid,  as  to 
all  the  streets  in  said  west  division  and  certain  of  the 
streets  in  the  south  division  of  Chicago,  in  said  ordi- 
nances mentioned;  and  the  said  respective  railway  com- 
panies are  now  willing  to  give  up  and  effectually  to  sur- 
render to  the  City  of  Chicago  any  and  all  right  to  con- 
struct or  use  any  railway  along  the  course  of  any  por- 
tion of  said  Wabash  avenue  or  of  said  Lake  street,  east 
of  the  east  line  of  Peck  street;  and  also  each  of  said 
corporations  to  enter  into  covenant  under  their  respective 
corporate  seals,  to  and  with  the  City  of  Chicago,  to  abso- 
lutely refrain  for  all  time  hereafter  from  constructing 
or  .using  any  railway  along  the  course  of  either  of  said 
streets  as  last  named,  or  of  Michigan  avenue,  Third 
avenue,  Washington  street,  Monroe  street,  Adams  street 
or  West  Jackson  street  (except  necessary  crossings  of 
said  streets),  upon  condition  that  the  railways  of  all  other 
persons  or  corporations  shall  likewise  be  excluded  there- 
from ;  now,  therefore,  in  consideration  of  all  and  singular 
the  premises  of  said  release  and  surrender,  as  aforesaid, 
and  of  the  making  of  the  covenant  by  the  said  respective 
railway  companies,  as  aforesaid,  the  said  common  council 


22 

do  by  virtue  and  in  pursuance  of  the  said  acts  of  the 
General  Assembly  of  the  State  of  Illinois,  and  the  powers 
therein  otherwise  vested  by  law,  and  for  the  promotion 
of  the  permanent  interests  of  said  city,  ordain  and  declare 
that  no  railway  track  shall  be  constructed  or  used  for  or 
during  the  period  of  twenty  years  next  hereafter,  along 
the  course  of  either  Michigan  avenue,  Wabash  avenue, 
Third  avenue,  Washington  street,  Lake  street  east  of  the 
east  line  of  Peck  street,  Monroe  street,  Adams  street 
or  West  Jackson  street,  or  along  any  part  or  portion 
of  the  course  thereof,  nor  shall  the  railway  of  any  person 
or  corporation,  other  than  those  above  named  and  au- 
thorized, as  aforesaid,  be  constructed  or  used  in,  upon 
or  along  any  of  the  several  streets  in  said  ordinances 
mentioned. 

SEC.  2.  That  if  any  person  or  corporation  shall  enter 
upon  either  said  Michigan  avenue,  Wabash  avenue,  Third 
avenue,  Washington  street,  Lake  street,  east  of  the  east 
line  of  Peck  street,  Monroe  street,  Adams  street  or  West 
Jackson  street,  or  any  portion  of  the  same  (except  at 
their  crossings),  or  dig  up  any  portion  of  said  several 
streets,  or  bring  upon  any  portion  thereof  any  timber,  ties, 
rails  or  other  materials,  with  the  intention  of  construct- 
ing any  railway  track  along  the  course,  in  or  upon  either 
of  said  streets,  said  person  or  corporation,  and  all  who 
shall  be  aiding  or  abetting,  shall  be  subject  to  a  fine  of 
one  hundred  dollars  for  each  and  every  offense. 

SEC.  3.  This  ordinance  shall  not  be  construed  to  create 
any  obligation,  either  express  or  implied,  which  shall  in 
any  event  render  the  said  City  of  Chicago  liable  to  any 
action  or  claim  for  damages  at  the  suit  of  either  of  the 
horse  railway  companies  hereinbefore  mentioned,  or  their 
successors  or  assigns. 


23 

SEC.  4.  This  ordinance  shall  be  in  force  and  take 
effect  as  soon  as  the  same  shall  have  been  duly  accepted 
by  the  said  Chicago  City  Railway  Company  and  the 
Chicago  West  Division  Railway  Company,  and  the  cove- 
nants hereinbefore  mentioned  shall  have  been  duly  ex- 
ecuted by  said  companies  respectively. 

(Special  Ordinances,  pp.  1055-5.) 


AN    ORDINANCE    FOR  RELEASING   OF   NORTH    DESPLAINES 
STREET   FROM  RAILWAY   USES,  AND  THE   SUBSTITUTION 

OF    NORTH    HALSTED  STREET.     (Passed    March   14, 
1864.) 

Be  it   Ordained  by  the  Common  Council  of  the   City 
of  Chicago: 

1.  North  Hoisted  street  substituted  for  North  Des- 
plaines street. ,]     §  i.  That  because  of  the  numerous  steam 
railway  tracks  now  laid  and    in    use   on    Kinzie   street, 
whereby  a    horse   railway   upon    said    Desplaines    street 
would  be  seriously  obstructed  in  its  connection  with  that 
upon  Milwaukee  avenue,  and  made  both  dangerous  and 
inconvenient  to  the  public,  and  in  consideration  of  the 
release  by  the  Chicago  West  Division  Railway  Company 
to  the  City  of  Chicago  of  any  and  all  right  to  use  said 
Desplaines    street    for    railway  purposes,  authority  and 
consent  are  hereby  given  and  granted  unto  said  railway 
company  to  remove  its  railway   tracks   from   said   Des- 
plaines street  and  to  lay  down  and  use  a  double  track 
for  a  railway,  with  all  necessary  or  convenient  tracks  for 
curves,  turn-outs  and  switches,  in  and  upon  said  North 
Halsted  street,  from  the  south  line  of  West  Lake  street 
to  the  north  line  of   Milwaukee  avenue,  subject  to  the 
conditions  of  the  ordinances  heretofore  passed  concern- 
ing said  railway  company  or  the  Chicago  City  Railway 
Company,  and  all  ordinances   which   may  be  hereafter 
passed  concerning  said  West  Division  Railway  Company ; 
Provided,  that  no  authority  is  hereby  or  shall  be  given  to 
said  company  to  construct  or  operate  a  single  track  on 
said  North  Halsted  street. 

2.  Street  improvements  and  repairs.]     §  2.    The  said 
Chicago  West  Division  Railway  Company,  its  successors 


25 

or  assigns,  as  respects  grading,  paving,  macadamizing, 
rilling  or  planking,  shall  at  their  own  expense  keep 
sixteen  feet  in  width  in  repair  on  said  North  Halsted 
street,  so  far  as  the  same  is  embraced  in  this  ordinance, 
and  keep  their  tracks  in  such  condition  that  wagons,  car- 
riages and  other  vehicles  can  pass  and  repass  at  any  and 
all  points,  and  in  any  and  all  directions,  and  shall  be 
subject  to  assessment  for  paving,  repaving,  planking,  re- 
planking  or  any  other  kind  of  new  improvement  which 
may  by  ordinance  be  ordered  at  any  time  by  the  common 
council. 

3.  Removal  of  tracks — restoration  of  street.']     §  3. 
The  said  railway  company  shall  remove  its  track  from 
said  Desplaines  street,  and  restore  said  street  to  its  for- 
mer state  within  thirty  days  from  the  time  of  the  ap- 
proval of   this  ordinance,  and    shall    also    within   three 
months  from  said  time  construct  a  railway  on  said  Hal- 
sted street,  from  the  south  line  of  said  Lake  street  to  said 
Milwaukee  avenue,  unless  restrained  by  the  order  or  in- 
junction of  some  court  of  competent  jurisdiction  from 
so  doing;  and  in  case  said  company  shall  fail  to  remove 
said  track  from  said  Desplaines  street,  and  construct  a 
railway  on  Halsted  street  according  to  the  provisions  of 
this  ordinance,  then  the  same  shall  forfeit  all  the  rights 
and  privileges  by  this  ordinance  granted  or  conferred. 

4.  When  in  force.]         4.     This  ordinance  shall  be 
in  force  from  the  time  of  the  execution  of  the  said  re- 
lease by  the  said  the  Chicago  West  Division  Railway 
Company,  under  the  hands  of  its  proper  officers  and  cor- 
porate seal,  and  the  delivery  thereof  to  the  clerk  of  the 
City  of  Chicago. 

(Special  Ordinances,  pp. 


AN  ORDINANCE  FOR  THE  RELEASING  OF  NORTH  DES- 
PLAINES  STREET  FROM  RAILWAY  USES,  AND  THE  SUB- 
STITUTION OF  NORTH  HALSTED  STREET.  (Passed 
March  28,  1864.) 

Be  it  Ordained  by  the  Common  Council  of  the  City 
of  Chicago: 

SECTION  i.  That  because  of  the  numerous  steam 
railway  tracks  now  laid  and  in  use  on  Kinzie  street, 
whereby  a  horse  railway  upon  said  Desplaines  street 
would  be  seriously  obstructed  in  its  connection  with  that 
upon  Milwaukee  avenue,  and  made  both  dangerous  and 
inconvenient  to  the  public,  and  in  consideration  of  the 
release  by  the  Chicago  West  Division  Railway  Company 
to  the  City  of  Chicago  of  any  and  all  right  to  use  said 
Desplaines  street  for  railway  purposes,  authority  and  con- 
sent are  hereby  given  and  granted  unto  said  railway  com- 
pany to  remove  its  railway  tracks  from  said  Desplaines 
street,  and  to  lay  down  and  use  a  double  track  for  a 
railway,  with  all  necessary  or  convenient  tracks  for  curves, 
turn-outs  and  switches,  in  and  upon  North  Halsted  street, 
from  the  south  line  of  West  Lake  street  to  the  north  line 
of  Milwaukee  avenue,  subject  to  the  conditions  of  the 
ordinances  heretofore  passed  concerning  said  railway 
company  or  the  Chicago  City  Railway  Company;  pro- 
vided, that  no  authority  is  hereby  or  shall  be  given  to  said 
company  to  construct  or  operate  a  single  track  on  said 
North  Halsted  street. 

SEC.  2.  The  Chicago  West  Division  Railway  Com- 
pany, its  successors  or  assigns,  as  respects  grading,  pav- 
ing, macadamizing,  filling  or  planking,  shall,  at  their  own 
expense,  keep  sixteen  feet  in  width  in  repair  on  said  North 
Halsted  street,  so  far  as  the  same  is  embraced  in  this 


27 

ordinance,  and  keep  their  tracks  in  such  condition  that 
wagons,  carriages  and  other  vehicles  can  pass  and  repass 
at  any  and  all  points,  and  in  any  and  all  directions,  and 
shall  be  subject  to  assessment  for  paving,  repairing,  plank- 
ing, replanking  or  any  other  kind  of  new  improvement 
which  may  by  ordinance  be  ordered  at  any  time  by  the 
common  council  on  said  Halsted  street. 

SEC.  3.  The  said  railway  company  shall  remove  its 
track  from  said  Desplaines  street,  and  restore  said  street 
to  its  former  state  within  thirty  days  from  the  time  of 
the  approval  of  this  ordinance,  and  shall  also  within  three 
months  from  said  time  construct  a  railway  on  said  Hal- 
sted street,  from  the  south  line  of  said  Lake  street  to 
said  Milwaukee  avenue,  unless  restrained  by  the  order 
or  injunction  of  some  court  of  competent  jurisdiction 
from  so  doing;  and  in  case  said  company  shall  fail  to 
remove  said  track  from  said  Desplaines  street,  and  con- 
struct a  railway  on  Halsted  street  according  to  the  pro- 
visions of  this  ordinance,  then  the  same  shall  forfeit 
all  rights  and  privileges  by  this  ordinance  granted  or 
conferred. 

SEC.  '  4.  This  ordinance  shall  be  in  force  from  the 
time  of  the  execution  of  the  said  release  by  the  said  Chi- 
cago West  Division  Railway  Company,  under  the  hands 
of  its  proper  officers  and  corporate  seal,  and  the  delivery 
thereof  to  the  clerk  of  the  City  of  Chicago. 

(Special  Ordinances,  pp.  1320-1.} 


28 


AN  ORDINANCE  AUTHORIZING  TEMPORARY  HORSE  RAIL- 
WAY TRACKS  ON  CLINTON  STREET,  BETWEEN  MADISON 
AND  RANDOLPH  STREETS.  (Passed  March  28,  1864.) 

Be  it  Ordained  by  the  Common  Council  of  the  City 
of  Chicago: 

SECTION  i.  That  the  West  Division  Railway  Com- 
pany is  hereby  authorized  to  lay  a  single  or  double  track 
for  a  railway  on  Clinton  street,  between  Madison  and 
Randolph  streets,  and  to  operate  the  same  in  connection 
with  the  horse  railroads  of  said  company  now  on  Ran- 
dolph and  Madison  street;  Provided,  that  said  railway 
track  shall  be  continued  only  during  the  construction  of 
the  proposed  new  bridge  across  the  Chicago  river  at 
Randolph  street,  and  that  when  said  bridge  is  completed 
the  said  track  shall  be  removed  by  said  company  and  the 
said  street  be  by  them  restored  to  as  good  condition  as 
before  being  occupied  by  said  track;  and  provided,  fur- 
ther, that  the  said  railway  company,  in  the  laying,  main^ 
taining  and  operating  said  temporary  railway,  shall  be 
subject  to  all  the  general  liabilities,  regulations  and  con- 
ditions concerning  the  same,  during  its  continuance  in 
said  street,  as  herein  above  provided,  as  by  the  laws  of 
the  state  and  the  ordinances  of  the  City  of  Chicago  are 
imposed  on  said  company  concerning  other  railway  tracks 
operated  by  them  in  the  City  of  Chicago. 

SEC.  2.  The  said  temporary  railway  track  shall  be 
laid  by  the  said  West  Division  Railway  Company,  under 
the  direction  of  the  board  of  public  works,  subject,  how- 
ever, to  any  regulation,  as  to  the  manner  of  laying  the 
track,  required  by  any  existing  ordinance  of  this  city. 

SEC.  3.     Should  the  said  company,  its  successors  or 


29 

assigns,  fail  or  neglect  to  romove  the  said  temporary  rail- 
way track  or  tracks  and  superstructure  from  off  said 
Clinton  street,  within  the  first  twenty  days  next  ensuing 
the  day  on  which  the  proposed  new  bridge  at  Randolph 
street  shall  be  completed  and  in  general  use,  the  said 
company,  its  successors  or  assigns,  shall,  for  each  and 
every  day  after  the  lapse  of  said  twenty  days  that  the 
said  railway  track  or  tracks  and  superstructure  are  al- 
lowed to  be  and  remain  upon  said  Clinton  street,  be  fined 
in  the  sum  of  fifty  dollars  to  be  collected  as  other  fines. 

SEC.  4.     This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  due  publication. 

(Special  Ordinances,  pp.  1319-20.} 


AN  ORDINANCE  AMENDING  ORDINANCES  OF  MARCH  28, 
1864,  CONCERNING  HORSE  RAILWAYS  ON  CLINTON 
STREET  AND  ON  NORTH  DESPLAINES  STREET.  (Passed 

July  ii,  1864.) 

Be  it  Ordained  by  the  Common  Council  of  the  City 
of  Chicago: 

1.  Clinton  street.]     §  i.    That  the  ordinance  entitled, 
"An    ordinance    authorizing    temporary    horse    railway 
tracks  on  Clinton  street  between  Madison  and  Randolph 
streets,"  passed  March  28,  1864,  be  so  amended  as  that 
the  third  section  and  the  provisions  of  said  ordinance  for 
a  temporary  use  only  of  said  Clinton  street  be  and  the 
same  are  hereby  repealed. 

2.  North  Desplaines  street.]     §  2.    That  all  the  pro- 
visions and  conditions  contained  in  the  second  section  of 
an  ordinance,  entitled,  "An  ordinance  for  the  releasing 
of  North  Desplaines  street  from  railway  uses,  and  the 
substitution  of  North  Halsted  street,"  passed  March  28, 
1864,  so  far  as  the  same  applies  to  said  Halsted  street, 
be  and  the  same  is  hereby  applied  to  said  railway  on 
Clinton  street. 

3.  When  to  take  effect.]     §3.     This  ordinance  shall 
take  effect  from  and  after  its  passage. 

(Special  Ordinances,  p.  1322.} 


AN    ORDINANCE    CREATING    NEW    LINES    OF    HORSE    RAIL- 
WAYS, EXTENDING  OTHERS,  AND  REGULATING  THE  USE 

THEREOF.     (Passed  August  17,  1864.) 

Be  it   Ordained  by  the  Common  Council  of  the   City 
of  Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  by  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  of  this 
ordinance,  authority  and  consent  is  hereby  given  and 
granted  unto  the  said  the  Chicago  West  Division  Rail- 
way Company,  its  successors  and  assigns,  to  construct, 
lay  down,  operate  and  maintain  horse  railways,  with  the 
necessary  side  tracks  and  switches,  in  the  manner  and 
upon  and  along  the  several  streets  hereinafter  mentioned. 
Commencing  on  Clinton  street,  at  its  intersection  with 
Madison  street,  and  running  south,  with  a  single  or 
double  track,  to  Harrison  street;  thence  south,  with  a 
single  track  only,  to  Twelfth  street.  Commencing  on 
Meagher  street,  at  its  intersection  with  Canal  street,  and 
running  west,  with  a  single  or  double  track,  to  Jefferson 
street ;  thence  north,  on  Jefferson  street,  with  a  single  or 
double  track,  to  Twelfth  street;  thence  north,  with  a 
single  track  only,  to  Harrison  street;  thence  north,  with 
a  single  or  double  track,  to  Van  Buren  street.  Com- 
mencing on  Chicago  avenue,  at  the  river,  so  as  to  con- 
nect with  the  track  of  the  North  Chicago  City  Railway 
Company,  and  running  west,  with  a  single  or  double 
track,  to  the  present  or  future  city  limits.  Commencing 
on  West  Indiana  street,  at  its  intersection  with  Milwaukee 
avenue,  and  running  west,  with  a  single  or  double  track, 
to  the  present  or  future  city  limits.  Commencing  on 
Catherine  street,  at  its  intersection  with  Blue  Island  ave- 


32 

nue,  and  running  west,  with  a  single  or  double  track,  to 
Robey  street.  Commencing  on  Polk  street  at  the  east 
line  of  Canal  street,  and  running  west,  with  a  single  or 
double  track,  to  Jefferson  street.  Commencing  on  Des- 
plaines  street,  at  its  intersection  with  Van  Buren  street, 
and  running  south,  with  a  single  or  double  track,  to 
Sebor  street;  thence  west,  on  Sebor  street,  to  Halsted 
street.  Commencing  on  Halsted  street,  at  Harrison 
street,  and  running  south,  w.ith  a  single  or  double  track, 
to  the  south  branch  of  the  Chicago  river.  And  com- 
mencing on  Halsted  street,  at  Milwaukee  avenue,  and 
running  north,  with  a  single  or  double  track,  to  the  center 
of  the  north  branch  of  the  Chicago  river;  provided,  that 
the  consent  of  the  owners  of  two-thirds  of  the  property 
by  lineal  measure,  fronting  upon  said  streets,  shall  first 
be  obtained. 

SEC.  3.  The  said  the  Chicago  West  Division  Railway 
Company  shall  construct  the  railways  aforesaid  on  Clin- 
ton street,  Jefferson  street  and  Meagher  street,  within 
ninety  days  from  the  passage  of  this  ordinance,  unless 
delayed  by  the  order  or  injunction  of  some  court  of  com- 
petent jurisdiction;  and  shall  construct  the  railway  on 
Chicago  avenue,  from  Milwaukee  avenue  to  Wood  street, 
on  West  Indiana  street,  from  Milwaukee  avenue  to 
Ruben  street,  and  on  Catherine  street,  from  Blue  Island 
avenue  to  Robey  street,  and  on  Halsted  street,  Desplaines 
street  and  Sebor  street,  within  fifteen  months  from  the 
passage  of  this  ordinance. 

SEC.  3.  The  said  the  Chicago  West  Division  Railway 
Company,  its  successors  and  assigns,  shall,  as  respects  the 
grading,  paving,  macadamizing,  filling  or  planking  of 
the  streets  or  part  of  streets  upon  which  they  shall  con- 
struct the  said  railways,  or  any  of  them,  keep  eight  feet 
in  width  along  the  line  of  said  railways,  on  all  streets 


33 

where  one  track  is  constructed,  and  sixteen  feet  in  width 
along  the  line  of  said  railways  where  two  tracks  are  con- 
structed, in  good  repair,  so  that  wagons,  carriages  and 
other  vehicles  can  pass  and  repass  at  any  and  all  points, 
and  in  any  and  all  directions ;  and  when  any  new  improve- 
ment, paving,  repaving,  planking  or  replanking  is  ordered 
by  the  common  council  on  any  of  said  streets,  or  parts 
of  said  streets,  the  said  railway  company  shall,  in  the 
same  manner  and  with  like  material  as  required  of  the 
owners  of  property  as  to  other  contiguous  parts  of  the 
street,  make  such  new  improvements,  on  eight  feet  in 
width  where  a  single  track  is  used,  or  sixteen  feet  in 
width  where  a  double  track  is  used ;  and  if  the  said  com- 
pany shall  refuse  or  neglect  to  make  such  new  improve- 
ment, within  a  reasonable  time,  to  be  fixed  by  the  ordi- 
nance, the  work  may  be  done  by  the  city,  and  the  cost 
thereof  assessed  by  the  board  of  public  works  on  said 
company,  and  collected  as  other  assessments,  from  any 
real  or  personal  property  of  said  company.  But  if  the 
board  of  public  works  should  deem  it  inexpedient  that 
said  new  improvement  should  be  so  made  by  the  said 
company,  then  the  same  shall  be  done  by  the  city  as  in 
other  cases,  and  the  costs  thereof  assessed  upon  and  col- 
lected of  said  company  in  manner,  as  aforesaid.  And  if 
the  said  company  shall  refuse  or  neglect  to  make  any 
necessary  repairs,  as  aforesaid,  or  the  repairs  required  by 
any  ordinances  heretofore  passed,  and  now  in  force  in  re- 
spect to  horse  railway  companies,  after  twenty  days'  notice 
from  the  board  of  public  works,  the  city  may  make  the 
repairs  and  collect  the  cost  thereof,  by  suit  at  law,  in 
any  court  of  competent  jurisdiction.  And  said  company 
shall  construct  all  and  singular  its  said  respective  rail- 
ways of  the  kind  of  rail,  and  be  subject  to  and  governed 
by  the  ordinances  in  force  respecting  such  railways  in 


34 

the  south  and  west  divisions  of  Chicago,  except  as  herein 
otherwise  provided. 

SEC.  4.  The  cars  to  be  used  on  said  several  railways 
shall  be  operated  by  animal  power  only;  and  said  rail- 
ways shall  not,  or  any  of  them,  connect  with  any  other 
railroad  operated  by  other  power;  nor  shall  any  other 
person  or  corporation  operate  or  use  any  railway  cars  or 
carriages  upon  or  along  any  or  either  of  said  tracks  or 
street  wherein  such  track  is  laid,  without  first  having  the 
consent  in  writing  therefor  of  said  railway  company. 

SEC.  5.  Said  railroad  company  shall  keep  on  hand  a 
sufficient  number  of  cars  adapted  to  funeral  purposes,  in 
which  shall  be  suitable  compartments  for  carrying  the 
corpse  by  itself;  and  on  application  of  any  person  shall 
furnish  not  exceeding  three  cars,  unless  more  shall  be 
agreed  upon,  at  some  convenient  point  on  the  line  of  its 
said  roads,  so  as  not  to  hinder  or  delay  other  cars  thereon, 
to  convey  the  corpse  and  persons  attending  the  funeral 
to  any  cemetery  to  which  its  lines  or  connections  extend ; 
provided,  that  if  its  funeral  cars  shall  all  be  engaged  for 
funeral  purposes  before  such  application  is  made,  the 
company  shall  not  be  bound  to  furnish  the  same  until  such 
prior  engagement  is  fulfilled.  And  the  said  company  shall 
make  the  best  possible  arrangement  with  the  street  rail- 
way companies  whose  lines  do  now  or  may  hereafter 
extend  to  the  cemeteries,  so  that  the  charge  for  convey- 
ing any  corpse  from  points  on  said  lines  of  railways 
through  to  the  cemeteries  shall  not  exceed  two  dollars, 
and  for  each  person  attending  such  funeral  not  exceeding 
twenty-five  cents  for  the  round  trip  out  and  back. 

SEC.  6.  This  ordinance  shall  be  in  force  and  effect 
from  and  after  its  passage. 

(Special  Ordinances,  pp.   1322-5.) 


AN  ORDINANCE  AUTHORIZING  THE  EXTENSION  OF  TRACKS 
OF  THE  CHICAGO  WEST  DIVISION  RAILWAY  COMPANY 
ON  WEST  VAN  BUREN  STREET.  (Passed  November 
13,  1871.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

SECTION  I.  That  the  Chicago  West  Division  Railway 
Company  be  and  is  hereby  authorized  and  permitted  to 
lay  down  and  maintain  a  single  or  double  track  railway, 
with  all  the  necessary  turn-outs,  switches  and  side-tracks, 
on  West  Van  Buren  street,  from  the  east  line  of  South 
Western  plank  road  (or  Ogden  avenue)  to  Western  ave- 
nue, and  to  run  its  cars  there,  on  the  condition  with  its 
tracks  on  South  Clinton  street  and  Van  Buren  street,  east 
of  South  Western  plank  road,  but  the  said  company  shall 
not  be  required  to  lay  its  track  west  of  Hoyne  street, 
until  said  Van  Buren  street  shall  be  opened  and  con- 
tinued direct  between  Hoyne  and  Leavitt  streets. 

SEC.  2.  All  contracts  by  and  between  the  City  of  Chi- 
cago and  said  railway  company,  applicable  to  the  line, 
its  line  on  Van  Buren  street  east  of  Southwestern  plank 
road  (or  Ogden  avenue),  shall  be,  and  are  hereby  ex- 
tended to  its  line  on  Van  Buren  street  west  of  South- 
western plank  road  hereby  authorized,  and  the  said  com- 
pany shall  enjoy  and  exercise  the  same  privileges,  and 
be  subject  to  the  conditions  on  line  hereby  authorized, 
as  now  apply  to  its  line  on  said  West  Van  Buren  street, 
east  of  Southwestern  plank  road. 

SEC.  3.  The  said  railway  company  shall  lay  or  cause 
to  be  laid  a  single  or  double  track  on  said  West  Van 
Buren  street,  from  Southwestern  plank  road  to  Hoyne 


36 

street,  within  six  months  from  the  passage  of  this  ordi- 
nance, and  from  Hoyne  street  to  Western  avenue  within 
six  months  from  and  after  said  Van  Buren  street  shall 
be  opened  between  Hoyne  and  Leavitt  streets;  otherwise 
this  ordinance  shall  be  null  and  void,  and  the  right  of 
way  hereby  granted  to  said  company  shall  cease. 

(Special  Ordinmices,  pp.  1325-6.) 


37 


AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION  AND 
OPERATION  OF  A  HORSE  RAILWAY  ON  NORTH  AVENUE, 
BETWEEN  MILWAUKEE  AVENUE  AND  HUMBOLDT 
PARK,  IN  THE  CITY  OF  CHICAGO.  (Passed  March  8, 
18750 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago,  West  Divi- 
sion Railway  Company  to  comply  with  the  provisions 
herein  contained,  authority,  permission  and  consent  are 
hereby  given,  granted  and  duly  vested  in  said  company, 
its  successors  and  assigns,  to  lay  down,  operate  and  main- 
tain a  single  or  double  track  railway,  with  all  necessary 
turnouts,  turn-tables,  sidetracks  and  switches,  in,  upon 
and  along  North  avenue,  in  said  City  of  Chicago,  com- 
mencing at  the  intersection  of  said  North  avenue  with 
Milwaukee  avenue,  and  to  connect  with  the  track,  or 
tracks,  now  upon  said  Milwaukee  avenue,  and  thence  to 
extend  west  to  the  present  and  to  the  future  city  limits; 
provided,  the  track  or  tracks  of  said  railway  shall  not 
be  laid  within  twelve  feet  of  the  sidewalks  of  said  North 
avenue. 

And,  provided  further,  that  before  said  company  shall 
lay  any  track  or  tracks  under  the  provisions  of  this  ordi- 
nance they  shall,  at  their  own  expense,  grade  and  cinder 
North  avenue,  between  Milwaukee  avenue  and  Western 
avenue,  to  the  width  of  thirty-three  feet,  and  put  said 
North  avenue  in  a  good,  passable  condition  for  wagons. 

SEC.  2.  The  cars  or  carriages  to  be  used  upon  said 
track  or  tracks  hereby  authorized  to  be  constructed  upon 


38 

said  North  avenue  shall  be  operated  with  animal  power 
only,  and  no  railway  car  or  carriage  used  by  any  other 
railroad  company  in  this  state  shall  be  used  upon  or  passed 
over  said  track  or  tracks. 

SEC.  3.  The  said  track  or  tracks  and  cars  operated 
thereon  shall  be  used  for  no  other  purpose  than  to  trans- 
port passengers  and  their  ordinary  baggage;  and  the  cars 
or  carriages  used  for  that  purpose  shall  be  of  the  best 
style  and  class  in  use  on  such  railways;  and  the  common 
council  shall  have  the  power  at  all  times  to  make  such 
regulations  as  to  the  rate  of  speed  and  time  of  running 
said  cars  and  carriages  as  said  council  may  require. 

SEC.  4.  The  track  or  tracks  of  said  railway  shall  not 
be  elevated  above  the  surface  of  the  street,  and  shall  be 
laid  with  modern  improved  rails,  and  shall  be  so  laid  that 
carriages  and  other  vehicles  can  easily  and  freely  cross 
said  track  or  tracks  at  any  and  all  points,  and  in  any 
and  all  directions,  without  obstruction. 

SEC.  5.  The  said  railway  company,  its  associates,  suc- 
cessors and  assigns  shall  pay  one-third  of  the  cost  of 
grading,  paving,  macadamizing  or  filling  said  street  or 
parts  of  said  street,  on  which  it  is  hereby  authorized  to 
construct  said  railway,  and  shall  at  all  times  keep  that 
portion  of  said  street  as  shall  be  occupied  by  its  said 
railway  in  good  repair  and  condition,  in  accordance  with 
whatever  orders  may  hereafter  be  passed  in  that  behalf 
by  said  common  council;  and  said  railway  company,  its 
successors  and  assigns,  shall  be  liable  for  all  legal  and 
consequential  damages  which  may  be  sustained  by  any 
person,  by  reason  of  the  carelessness,  neglect  or  miscon- 
duct of  any  agent  or  servant  of  said  company,  its  success- 
ors and  assigns,  in  the  course  of  their  employment  in 
the  construction  or  in  the  use  of  the  said  track  or  tracks 
or  railway. 


39 

SEC.  6.  The  rights  and  privileges  hereby  granted  to 
said  company  shall  be  forfeited  to  the  City  of  Chicago 
unless  the  said  railway  shall  be  fully  completed  and  ready 
for  use  on  or  before  the  first  day  of  October,  A.  D.  1876; 
provided,  that  if  the  said  company  shall  be  delayed  by 
the  order  or  injunction  of  any  court,  the  time  of  such 
delay  shall  be  excluded,  and  the  same  time,  in  addition 
to  the  period  above  described,  shall  be  allowed  for  the 
completion  of  said  railway  as  that  during  which  said 
company  may  have  been  so  delayed. 

SEC.  7.  The  right  to  operate  said  railway  shall  extend 
to  the  first  day  of  October,  A.  D.  1894,  at  which  time 
the  rights  and  privileges  herein  and  hereby  granted  to 
said  company  shall  cease;  but  said  company,  operating 
said  railway  at  said  time,  shall  be  entitled  to  enjoy  all 
of  such  rights  and  privileges  after  the  expiration  of  said 
time,  and  until  the  common  council  shall  thereafter  elect, 
by  order  for  that  purpose,  to  purchase  said  track  or  tracks 
of  said  railway,  cars,  carriages,  furniture,  and  implements 
of  every  kind  and  description  used  in  the  construction 
and  operation  of  said  railway,  and  pay  for  the  same  in 
the  manner  hereinafter  mentioned. 

SEC.  8.  Such  order  to  purchase  shall  fix  the  time  when 
said  City  of  Chicago  will  take  such  railway  and  other 
property  before  mentioned,  which  shall  not  be  less  than 
six  months  after  the  passage  of  said  order,  and  at  the 
time  of  taking  such  railway  and  other  property  before 
mentioned  the  City  of  Chicago  shall  pay  to  the  parties 
operating  the  same  a  sum  of  money  to  be  ascertained  by 
three  commissioners,  to  be  appointed  for  that  purpose,  as 
follaws :  One  to  be  chosen  from  the  disinterested  free- 
holders of  Cook  County  by  the  said  common  council;  one 
in  like  manner  by  the  said  company,  its  associates,  or 


40 

successors,  and  the  two  persons  so  chosen  to  choose  the 
third  from  said  freeholders. 

SEC.  9.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  impaired  or  affected  by 
this  ordinance,  but  the  rights  and  privileges  hereby 
granted  are  subject  thereto. 

SEC.  10.  The  said  Chicago  West  Division  Railway 
Company  shall  enter  into  a  good  and  sufficient  bond  with 
the  City  of  Chicago  in  the  penal  sum  of  ten  thousand 
dollars  for  the  faithful  performance  of  all  the  terms  and 
conditions  herein  contained  in  this  ordinance,  and  that 
said  railway  herein  mentioned  shall  be  completed  at  all 
times  and  manner  herein  stated,  unless  delayed  by  the 
order  or  injunction  of  some  court  having  jurisdiction  of 
such  matters,  from  so  completing  the  same,  and  said  Chi- 
cago West  Division  Railway  Company  shall  also  enter 
into  a  good  and  sufficient  bond  with  the  City  of  Chicago 
in  the  penal  sum  of  fifty  thousand  dollars,  for  all  legal, 
consequential,  or  other  damages  which  may  be  sustained 
by  any  person  or  persons  by  reason  of  the  rights  and 
privileges  herein  and  hereby  granted  to  said  company, 
said  bonds  to  be  drawn  by  the  law  officers  of  the  City  of 
Chicago,  and  each  to  contain  such  conditions,  provisions, 
restrictions,  prohibitions,  or  other  matter  as  shall  in  the 
opinion  of  such  law  officers  be  necessary  to  fully  and 
completely  protect  and  indemnify  the  said  City  of  Chi- 
cago in  all  things  from  any  and  all  loss  or  damage  by 
reason  of  -the  grant  of  the  powers  and  privileges  herein 
granted  to  said  company. 

SEC.  ii.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  have  been  duly  accepted 


by  the  said  Chicago  West  Division  Railway  Company, 
and  the  said  company  shall  have  made  and  executed  the 
several  bonds  provided  for  herein  in  manner  and  form 
as  hereinbefore  required. 

(Special  Ordinances,  pp.  1327-9.) 


AN  ORDINANCE  AMENDING  THE  FIRST,  THIRD,  FOURTH, 
FIFTH,  TENTH  AND  ELEVENTH  SECTIONS  OF  AN  ORDI- 
NANCE ENTITLED,  "AN  ORDINANCE  AUTHORIZING  THE 
CONSTRUCTION  AND  OPERATION  OF  A  HORSE  RAILWAY 
ON  NORTH  AVENUE,  BETWEEN  MILWAUKEE  AVENUE 
AND  HUMBOLDT  PARK,  IN  THE  ClTY  OF  CHICAGO." 
(Passed  April  19,  1875.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

SECTION  i.  That  section  one  of  said  ordinance  be, 
and  the  same  is  hereby  amended  by  repealing  the  last 
proviso  of  said  section  one,  and  that  sections  three,  four, 
five,  ten  and  eleven  in  said  original  ordinance  be  repealed 
and  the  following  substituted: 

SEC.  3.  That  said  track,  or  tracks,  and  cars  operated 
thereon  shall  be  used  for  no  other  purpose  than  to  trans- 
port passengers,  and  their  ordinary  baggage;  and  said 
track  or  tracks  shall  be  so  laid  as  to  avoid  the  unneces- 
sary elevation  of  their  tracks  above  the  surface  of  the 
street,  and  shall  be  so  maintained  by  said  company  as 
not  unnecessarilv  to  obstruct  the. passage  of  carriages  or 
vehicles  over  them,  or  to  impair  the  usefulness  of  the 
street  on  which  they  are  laid;  shall  run  cars  or  carriages 
thereon  of  a  suitable  style  and  description,  and  at  all  such 
times  and  rate  of  speed  as  the  public  convenience  and 
safety  shall  to  it  seem  to  require. 

SEC.  4.  The  said  railway  company,  its  successors  and 
assigns,  as  respect  grading  and  paving,  shall  at  their  own 
expense  grade  and  pave  the  space  between  the  rails  and 
keep  the  same  in  good  repair  and  condition,  in  accord- 
ance with  such  ordinances,  orders  and  regulations  as  shall 


43 

be  passed  or  adopted  by  the  common  council  of  said  city, 
such  paving,  grading  and  repairs  to  be  subject  to  and 
clone  under  the  superintendence  and  direction  and  to  the 
satisfaction  of  the  board  of  public  works  of  said  city  or 
other  board  of  officers  of  said  city  having  charge  and 
superintendence  of  the  improvements  and  repairs  of 
streets. 

SEC.  5.  Said  railway  company,  its  succesors  and  as- 
signs, shall  be  liable  for  any  legal  or  consequential  dam- 
ages which  may  be  sustained  by  any  person  by  reason 
of  the  carelessness,  neglect  or  misconduct  of  any  agent 
or  servant  of  said  company,  its  successors  and  assigns, 
in  the  construction  or  use  of  said  tracks  or  railway,  or 
by  reason  of  the  misconstruction  or  faulty  or  defective 
construction  of  said  tracks  or  any  of  them. 

SEC.  10.  The  permission  and  authority  hereby  granted 
are  upon  the  further  condition  that  the  said  railway  com- 
pany shall  and  will  forever  indemnify  and  save  harm- 
less the  City  of  Chicago  against  any  and  all  damages, 
judgments,  decrees  and  costs  and  expenses  of  the  same 
which  it  may  suffer,  or  which  may  be  recovered  and  ob> 
tained  against  said  city  for  or  by  reason  of  the  granting 
of  such  privilege  and  authority,  or  for  or  by  reason  of, 
or  growing  out  of,  or  resulting  from  the  passage  of  this 
ordinance,  or  any  matter  or  anything  connected  there- 
with, or  with  the  exercise  by  said  company  of  the  priv- 
ileges hereby  granted. 

SEC.  ii.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  have  been  duly  accepted 
by  the  said  Chicago  West  Division  Railway  Company. 
(Special  Ordinances,  pp.  1329-30.) 


44 


AN     ORDINANCE    AUTHORIZING    A     HORSE    RAILWAY     ON 

WEST  INDIANA  STREET.     (Passed  August  9,  1875.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  oi 
Chicago  : 

SECTION  i.  That  the  Chicago  West  Division  Railway 
Company  is  hereby  authorized  to  lay  a  single  or  double 
track,  with  all  necessary  and  convenient  tracks  for  turn- 
outs, sidetracks  and  switches,  in,  upon  and  along  West 
Indiana  street,  from  its  intersection  with  Halsted  street 
and  Milwauke  avenue,  west  to  the  present  and  future 
limits  of  the  city,  and  to  operate  the  same  in  connection 
with  the  horse  railroad  of  said  company  on  said  Halsted 
street,  and  along  Milwaukee  avenue  at  its  intersection 
with  West  Indiana  street  and  Halsted  street,  southeast  to 
Clinton  street,  then  south  on  Clinton  street  to  Randolph 
street,  and  operate  the  same,  in  connection  with  the  horse 
railroads  of  said  company  on  Milwaukee  avenue  and 
Randolph  street.  The  track  or  tracks  of  said  railway 
company  shall  be  laid  as  near  the  center  of  said  street 
as  they  can  be  safely  operated,  and  where  the  tracks  shall 
be  double,  they  shall  be  constructed  perfectly  parallel  as 
far  as  practicable.  The  same  to  be  completed  as  far 
west  as  Hoyne  street  by  the  first  of  January  next,  and 
from  Hoyne  street  west  to  such  point  as  may  be  sewered 
within  twelve  months  from  and  after  the  completion  of 
such  sewerage. 

SEC.  2.  The  track  of  such  railway  shall  not  be  ele- 
vated above  the  surface  of  the  street,  shall  be  laid  with 
such  modern  improved  rails  as  may  be  prescribed  by  the 
city,  and  shall  be  so  laid  that  carriages  and  other  vehicles 
can  easily  and  freely  cross  said  tracks,  at  any  and  all 
points,  and  in  any  and  all  directions,  without  obstruction. 


45 

SEC.  3.  The  rate  of  fare  for  any  distance  shall  not 
exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 

SEC.  4.  The  cars  to  be  used  upon  said  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad  on  which  other  power  is  used,  and 
no  railway  car  or  carriage  used  upon  any  other  railroad 
in  this  state  shall  be  used  upon  said  tracks. 

SEC.  5.  The  said  tracks  and  railway  shall  be  used  for 
no  other  purpose  than  to  transport  passengers,  and  the 
cars  and  carriages  for  that  purpose  shall  be  of  the  best 
style  and  class. 

SEC.  6.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  the 
said  street  or  any  part  thereof  upon  which  they  shall  con- 
struct their  said  railway,  keep  eight  feet  in  width  along 
the  line  of  said  railway  whereon  one  track  is  constructed, 
and  sixteen  feet  in  width  along  the  line  of  said  railway 
whereon  two  tracks  are  constructed,  in  good  repair  and 
condition  during  all  the  time  to  which  the  privileges  here- 
by granted  to  said  company  shall  extend,  in  accordance 
with  whatever  order  or  regulation  respecting  the  ordi- 
nary repairs  thereof  may  be  passed  or  adopted  by  the 
common  council  of  said  city.  And  the  said  company  shall 
be  liable  for  all  legal  consequential  damages  which  may 
be  sustained  by  any  person  by  reason  of  the  careless- 
ness, negligence  or  misconduct  of  any  of  the  agents  or 
servants  of  the  said  company  in  the  course  of  their  em- 
ployment in  the  construction  or  the  use  of  the  railways 
aforesaid,  or  any  or  either  of  them. 

SEC.  7.  If  the  said  company  shall  fail  to  complete  the 
said  railway  in  this  ordinance  mentioned,  at  the  time 
mentioned  and  provided,  and  according  to  the  conditions 


46 

prescribed  herein,  then  the  rights  and  privileges  granted 
by  virtue  hereof  respecting  said  railway  shall  be  forfeited 
to  the  City  of  Chicago,  unless  the  common  council  of 
said  city  shall  grant  the  said  company  a  further  exten- 
sion of  time;  provided,  that  if  said  company  is  delayed 
by  the  order  or  injunction  of  any  court,  the  time  of  such 
delay  shall  be  excluded  from  the  time  above  described. 

SEC.  8.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 
other  corporations  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereunto. 

SEC.  9.  The  said  company  shall  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages,  under  the  terms  and  restrictions  herein  pro- 
vided, for  and  during  the  term  and  period  of  twenty  years 
from  the  date  of  the  passage  of  this  ordinance. 

(Special  Ordinances,  pp.  1331-2.) 


47 


AN    ORDINANCE    AMENDING    ORDINANCE    OF    AUGUST    9, 
1875,    CONCERNING    A    HORSE    RAILWAY    ON    INDIANA 

STREET.     (Passed  August  12,  1875.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  oi 
Chicago: 

SECTION  I.  That  the  first  section  of  the  ordinance 
entitled  "An  ordinance  for  horse  railway  on  West  Indiana 
street,"  adopted  August  the  Qth,  1875,  be  amended  by 
adding  to  said  section  the  words  "Provided  the  time  for 
the  construction  of  that  part  of  said  proposed  railway  east 
of  Halsted  street  on  Milwaukee  avenue  and  Clinton  street 
shall  be  extended  for  the  period  of  six  months  from  and 
after  the  completion  of  the  proposed  viaduct  at  the  rail- 
road crossing  on  Milwaukee  avenue,  and  that  as  thus 
amended  said  ordinance  be  ratified  and  confirmed. 

(Special  Ordinances,  p.  1333-} 


AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION  AND 
OPERATION  BY  THE  CHICAGO  WEST  DIVISION  RAILWAY 
COMPANY  OF  AN  EXTENSION  OF  THEIR  TRACKS  ON 
BLUE  ISLAND  AVENUE,  FROM  REBECCA  STREET  TO 
TWENTY-SECOND  STREET.  (Passed  February  21,  1876.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

SECTION  I.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  Chicago  West  Divi- 
sion Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  consent  are  hereby 
given,  granted  and  duly  vested  in  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  operate  and  maintain 
an  extension  of  their  double  track  railway,  with  all  neces- 
sary and  convenient  turn-outs,  turn-tables,  side  tracks 
and  switches,  on  Blue  Island  avenue  from  its  present  ter- 
mination at  Rebecca  street  southwest  and  over  and  along 
the  proposed  railroad  viaduct  to  Twenty-second  street, 
the  same  to  be  completed  within  six  months  from  and 
after  the  passage  of  this  ordinance,  or  as  soon  as  the  said 
avenue  shall  be  paved. 

SEC.  2.  The  tracks  of  such  railway  shall  be  laid  with 
such  modern  improved  rails  as  may  be  prescribed  by  the 
city,  and  shall  be  so  laid  that  carriages  and  other  vehicles 
can  easily  and  freely  cross  said  tracks  at  any  and  all 
points,  and  in  any  and  all  directions,  without  obstruction. 

SEC.  3.  The  cars  to  be  used  upon  -said  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad  on  which  other  power  is  used, 
and  no  railway  car  or  carriage  used  upon  any  other  rail- 
road in  this  state  shall  be  used  upon  said  tracks. 


49 

SEC.  4.  The  said  tracks  and  railway  shall  be  used  for 
no  other  purpose  than  to  transport  passengers,  and  the 
cars  and  carriages  for  that  purpose  shall  be  of  the  best 
style  and  class. 

SEC.  5.  The  said  company,  as  respects  the  grading, 
paving,  macadamizing,  filling  or  planking  of  said  Blue 
Island  avenue,  upon  which  they  shall  construct  their  said 
railway,  shall  pave  between  their  rails,  and  keep  sixteen 
feet  in  width  along  the  line  of  said  railway  where  two 
tracks  are  constructed  in  good  repair  and  condition  dur- 
ing all  the  time  to  which  the  privilege  hereby  granted  to 
said  company  shall  extend,  in  accordance  with  whatever 
order  or  regulation  respecting  the  ordinary  repairs  there- 
of may  be  passed  or  adopted  by  the  common  council  of 
said  city.  And  the  said  company  shall  be  liable  for  all 
legal  consequential  damages  which  may  be  sustained  by 
any  person  by  reason  of  the  carelessness,  negligence  or 
misconduct  of  any  of  the  agents  or  servants  of  the  said 
company  in  the  course  of  their  employment  in  the  con- 
struction or  use  of  the  railway  aforesaid,  by  any  or  either 
of  them.  »Vri?i 

SEC.  6.  If  the  said  company  shall  fail  to  complete  the 
extension  of  said  railway  in  this  ordinance  mentioned  at 
the  time  mentioned  and  provided,  according  to  the  con- 
ditions presented  herein,  then  the  rights  and  privileges 
granted  by  virtue  hereof  respecting  said  railway  shall  be 
forfeited  to  the  City  of  Chicago,  unless  the  common  coun- 
cil of  said  city  shall  grant  to  said  company  a  further  ex- 
tension of  time. 

SEC.  7.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 
other  corporations  are  not  to  be  impaired  or  affected  by 


50 

anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereunto. 

SEC.  8.  The  said  company  shall  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  under  the  terms  and  restrictions  herein  pro- 
vided for,  and  during  the  term  and  period  of  twenty  years 
from  the  date  of  the  passage  of  this  ordinance. 

SEC.  9.  The  said  company  shall  be  entitled  to  enjoy 
all  of  such  rights  and  privileges  hereby  granted  after 
the  expiration  of  the  time  fixed  in  this  ordinance,  and 
until  the  common  council  shall  thereafter  elect  by  order 
for  that  purpose,  to  purchase  said  track  or  tracks  of  said 
railway,  cars,  carriages,  furniture  and  implements  and 
appurtenances  of  every  kind  and  description  used  in  the 
construction  and  operation  of  said  railway,  and  pay  for 
the  same  in  the  manner  hereinafter  mentioned. 

SEC.  10.  Such  order  to  purchase  shall  fix  the  time 
when  said  City  of  Chicago  will  take  such  railway  and 
other  property  before  mentioned,  which  shall  not  be  less 
than  six  months  after  the  passage  of  said  order,  and  at 
the  time  of  taking  such  railway  and  other  property  be- 
fore mentioned,  the  City  of  Chicago  shall  pay  to  the 
party  or  parties  operating  the  same  a  sum  of  money,  to 
be  ascertained  by  three  commissioners  to  be  appointed 
for  that  purpose  as  follows :  One  to  be  chosen  from  the 
disinterested  freeholders  of .  Cook  County  by  the  said 
common  council;  one  in  like  manner  by  the  said  com- 
pany, its  associate,  or  successors,  and  the  two  persons 
so  chosen  to  choose  the  third  from  said  freeholders. 

SEC.  n.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  be  accepted  by  the  com- 
pany. 

(Special  Ordinances,  pp.  1333-5.) 


AN  ORDINANCE  FOR  THE  CONSTRUCTION  AND  OPERATION 
OF  A  HORSE  RAILWAY  ON  OGDEN  AVENUE  IN  THE  ClTY 

OF  CHICAGO.     (Passed  February  28,  1876.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

SECTION  i .  That  the  Chicago  West  Division  Railway 
Company  is  hereby  authorized  to  lay  a  double  track,  with 
all  necessary  and  convenient  tracks  for  turn-outs  and 
switches,  in,  upon  and  along  Ogden  avenue,  from  its 
intersection  with  Madison  street,  southwest  to  Western 
avenue,  a  single  or  double  track,  and  to  operate  the  same 
in  connection  with  the  horse  railroad  of  said  company  on 
said  Madison  street,  the  same  to  be  completed  and  op- 
erated as  far  southwest  as  Western  avenue  within  six 
months  from  the  passage  of  this  ordinance. 

SEC.  2.  The  track  of  such  railway  shall  be  laid  with 
such  modern  improved  rails  as  may  be  prescribed  by  the 
city,  and  shall  be  so  laid  that  carriages  and  other  ve- 
hicles can  easily  and  freely  cross  said  tracks  at  any  and 
all  points,  and  in  any  and  all  directions,  without  obstruc- 
tion. 

SEC.  3.  The  rate  of  fare  for  any  distance  shall  not 
exceed  five  cents,  except  when  cars  or  carriages  shall  be 
chartered  for  special  purposes. 

SEC.  4.  The  cars  to  be  used  upon  said  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad  on  which  other  power  is  used, 
and  no  railway  car  or  carriage  used  upon  any  other  rail- 
road in  this  state  shall  be  used  upon  said  tracks. 

SEC.  5.  The  said  tracks  and  railway  shall  be  used 
for  no  other  purpose  than  to  transport  passengers,  and 


52 

the  cars  and  carriages  for  that  purpose  shall  be  of  the 
best  style  and  class. 

SEC.  6.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  the 
streets  or  parts  of  streets  upon  which  they  shall  construct 
their  said  railways  or  any  of  them,  keep  eight  feet  in 
width  along  the  line  of  said  railway  on  all  streets  where- 
on one  track  is  constructed,  and  sixteen  feet  in  width 
along  the  line  of  said  railway  where  two  tracks  are  con- 
structed, in  good  repair  and  condition  during  all  the  time 
to  which  the  privilege  hereby  granted  to .  said  company 
shall  extend,  in  accordance  with  whatever  order  or  regu- 
lation respecting  the  ordinary  repairs  thereof  may  be 
passed  or  adopted  by  the  common  council  of  said  city. 
And  the  said  company  shall  be  liable  for  all  legal  con- 
sequential damages  which  may  be  sustained  by  any  per- 
son by  reason  of  the  carelessness,  negligence  or  miscon- 
duct of  any  of  the  agents  or  servants  of  the  said  com- 
pany in  the  course  of  their  employment  in  the  construc- 
tion or  use  of  the  railways  aforesaid,  by  any  or  either  of 
them.  ;  :;..;•  ;  <  :  ,  '\  \& 

SEC.  7.  If  the  said  company  shall  fail  to  complete  the 
said  railway  in  this  ordinance  mentioned  at  the  time 
mentioned  and  provided,  and  according  to  the  conditions 
presented  herein,  then  the  rights  and  privileges  granted 
by  virtue  hereof  respecting  said  railway  shall  be  forfeited 
to  the  City  of  Chicago,  unless  the  common  council  of  said 
city  shall  grant  to  said  company  a  further  extension  of 
time;  provided,  that  if  said  company  is  delayed  by  the 
order  or  injunction  of  any  court  the  time  of  such  delay 
shall  be  excluded  from  the  time  above  prescribed. 

SEC.  8.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners,  or 


53 

other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereunto. 

SEC.  9.  The  said  company  shall  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  under  the  terms  and  restrictions  herein  pro- 
vided for  and  during  the  term  and  period  of  twenty 
years  from  the  date  of  the  passage  of  this  ordinance. 

SEC.  10.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  be  accepted  by  the  com- 
pany. 

(Special  Ordinances,  pp.  1335-7-} 


54 


AN  ORDINANCE  RELATING  TO  THE  PURCHASE  OF  THE 
RIGHTS  AND  PRIVILEGES  GRANTED  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  IN  THE  FORE- 
GOING ORDINANCE.  (Passed  July  10,  1876.) 

Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Chicago: 

The  right  of  the  Chicago  West  Division  Railway  Com- 
pany, under  the  ordinance  to  which  this  is  an  amend- 
ment, to  operate  said  railway  shall  cease  at  the  end  of 
twenty  years  from  the  date  of  the  passage  of  said  ordi- 
nance, as  therein  provided,  but  said  railway  company 
shall  be  entitled  to  enjoy  all  of  such  rights  and  privileges 
after  the  expiration  of  said  time  and  until  the  common 
council  shall  thereafter  elect,  by  order  for  that  purpose, 
to  purchase  said  track  or  tracks  of  said  railway,  cars, 
carriages,  furniture  and  implements,  and  appurtenances 
of  every  kind  and  description  used  in  the  construction 
and  operation  of  said  railway,  and  pay  for  the  same  in 
the  manner  hereinafter  mentioned.  Such  order  to  pur- 
chase shall  fix  the  time  when  said  City  of  Chicago  will 
take  such  railway,  and  other  property  before  mentioned, 
which  shall  not  be  less  than  six  months  after  the  passage 
of  said  order,  and  at  the  time  of  taking  such  railway 
and  other  property  before  mentioned,  the  City  of  Chi- 
cago shall  pay  to  the  parties  operating  the  same  a  sum 
of  money,  to  be  ascertained  by  three  commissioners  to  be 
appointed  for  that  purpose  as  follows :  One  to  be  chosen 
from  the  disinterested  freeholders  of  Cook  County  by 
the  said  common  council,  one  in  like  maner  by  the  said 
company,  its  associates  or  successors,  and  the  two  persons 
so  chosen  to  choose  the  third  from  said  freeholders. 

(Special  Ordinances,  p.  1337.} 


55 


AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION  AND 
OPERATION  BY  THE  CHICAGO  WEST  DIVISION  RAIL- 
WAY COMPANY  OF  AN  EXTENSION  OF  THEIR  TRACKS 
ON  SOUTH  HALSTED  STREET  FROM  HARRISON  STREET 
SOUTH  TO  THE  SOUTH  BRANCH  OF  THE  CHICAGO 
RIVER.  (Passed  September  25,  1876.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Chi- 
cago: 

SECTION  i.  That,  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Divi- 
sion Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  consent  are  hereby 
given,  granted  and  duly  vested  in  said  company,  its  suc- 
cessors and  assigns,  to  lay  down,  operate  and  maintain 
«  n  extension  of  their  double  track  railway,  with  all  nec- 
essary and  convenient  turn-outs,  turn-tables,  side-tracks 
and  switches,  on  South  Halsted  street,  from  Harrison 
street  south,  and  over  and  along  the  viaduct,  to  the  south 
branch  of  the  Chicago  river,  the  same  to  be  completed 
within  four  months  from  and  after  the  passage  of  this 
ordinance;  provided,  that  if  said  company  shall  be  de- 
layed by  the  order  or  injunction  of  any  court  of  compe- 
tent jurisdiction  from  completing  said  railway,  the  time 
of  such  delay  shall  be  excluded  from  the  period  pre- 
scribed herein  for  completing  the  same. 

SEC.  2.  The  tracks  of  such  railway  shall  be  laid  with 
such  modern  improved  rails  as  may  be  prescribed  by 
the  city,  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  tracks  at  any 
and  all  points,  and  in  any  and  all  directions,  without 
obstruction. 


56 

SEC.  3.  The  cars  to  be  used  upon  said  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad,  on  which  other  power  is  used, 
and  no  railway  car  or  carriage  used  upon  any  other  rail- 
road in  this  state  shall  be  used  upon  said  tracks. 

SEC.  4.  The  said  tracks  and  railway  shall  be  used  for 
no  other  purpose  than  to  transport  passengers,  and  the 
cars  and  carriages  for  that  purpose  shall  be  of  the  best 
style  and  class. 

SEC.  5.  The  said  Chicago  West  Division  Railway 
Company,  its  successors  or  assigns,  as  respects  grading, 
paving,  macadamizing,  filling  or  planking  shall,  at  their 
own  expense,  lay  down  a  new  road-bed  sixteen  feet  wide, 
and  keep  sixteen  feet  in  width  in  repair  on  said  South  Hal- 
sted  street,  so  far  as  the  same  is  embraced  in  this  ordinance, 
and  keep  their  tracks  in  such  condition  that  wagons, 
carriages  and  other  vehicles  can  pass  and  repass  at  any 
and  all  points,  and  in  any  and  all  directions,  and  as  to 
said  sixteen  feet  in  width  shall  pave,  repave,  plank,  re- 
plank,  or  make  any  other  kind  of  new  improvement  which 
may  by  ordinance  be  ordered  at  any  time  by  the  city 
council  on  said  South  Halsted  street  so  far  as  embraced 
in  this  ordinance. 

SEC.  6.  If  the  said  company  shall  fail  to  complete  the 
extension  of  said  railway  in  this  ordinance  mentioned,  at 
the  time  mentioned  and  provided,  and  according  to  the 
conditions  presented  herein,  then  the  rights  and  privi- 
leges granted  by  virtue  hereof  respecting  said  railway 
shall  be  forfeited  to  the  City  of  Chicago,  unless  the  city 
council  of  the  city  shall  grant  to  said  company  a  further 
extension  of  time. 

SEC.  7.     All  rights  heretofore  vested  in  the  board  of 


57 

water  commissioners  and  sewerage  commissioners,  or 
other  corporations,  are  not  to  be  impaired  or  affected  by 
anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereunto. 

SEC.  8.  The  said  company  may  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  upon  the  terms,  with  the  rights  and  subject  to 
conditions  and  restrictions  mentioned  in  the  act  incorpo- 
rating said  company,  and  acts  amendatory  of  the  same, 
for  the  term  and  period  of  twenty  years  from  the  date 
and  passage  of  this  ordinance. 

SEC.  9.  The  said  company  shall  be  entitled  to  enjoy 
all  such  rights  and  privileges  hereby  granted  after  the 
expiration  of  the  time  fixed  in  this  ordinance,  and  until 
the  city  council  shall  thereafter  elect,  by  order  for  that 
purpose,  to  grant  the  privilege  to  some  person,  persons, 
party  or  parties,  or  company,  to  purchase  said  track  or 
tracks  of  said  railway,  cars,  carriages,  furniture  and  im- 
plements, and  appurtenances  of  every  kind  and  descrip- 
tion used  in  the  construction  and  operation  of  said  rail- 
way, and  pay  for  the  same  in  the  manner  hereinafter 
mentioned. 

SEC.  10.  Such  order  to  purchase  shall  fix  the  time 
when  said  person,  persons,  party,  parties  or  company  will 
take  such  railway  and  other  property  before  mentioned, 
which  shall  not  be  less  than  six  months  after  the  passage 
of  said  order,  and  at  the  time  of  taking  such  railway 
and  other  property  before  mentioned,  the  said  person, 
party  or  company  shall  pay  to  the  party  or  parties  operat- 
ing the  same  a  sum  of  money  to  be  ascertained  by 
three  commissioners,  to  be  appointed  for  that  purpose  as 
follows  :  One  to  be  chosen  by  said  person  or  parties  from 
the  disinterested  freeholders  of  Cook  County;  one  in 


58 

like  in:  j  ner  by  the  said  company,  its  associates  or  suc- 
cessors operating  said  road,  and  the  two  persons  so  chosen 
to  choose  the  third  from  said  freeholders. 

SEC.  ii.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  be  accepted  by  the  com- 
pany. 

(Special  Ordinances,  pp.  1337-9.} 


59 


AN    ORDINANCE    AUTHORIZING   THE    CONSTRUCTION    AND 
OPERATION    OF    STREET    RAILWAY    TRACKS    ON    O'NEIL 

STREET.     (Passed  November  27,  1876.) 

Be  it   Ordained   by   the   City    Council   of   the   City  of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  permission  and  consent  are  hereby  given  and 
granted  to  and  duly  vested  in  said  company,  its  successors 
and  assigns,  to  lay  down,  operate  and  maintain  a  double 
or  single  track  railway  with  all  necessary  and  convenient 
turn-outs,  side-tracks,  turn-tables  and  switches  on  O'Neil 
street,  to  enable  said  company  to  connect  its  tracks  on 
South  Halsted  street  with  its  car  house  on  O'Neil  street 
upon  the  same  terms  and  conditions  as  are  applicable  to 
the  tracks  on  said  South  Halsted  street. 

SEC.  2.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  same  shall  have  been  duly  accepted 
by  said  West  Division  Railway  Company. 

(Special  Ordinances,  pp.  1340.} 


6o 


AN  ORDINANCE  AUTHORIZING  THE  CONSTRUCTION  AND 
OPERATION  BY  THE  CHICAGO  WEST  DIVISION  RAIL- 
WAY COMPANY  OF  STREET  RAILWAYS  UPON  CERTAIN 

STREETS    IN    THE    WEST    DIVISION     OF     THE     ClTY     OF 

CHICAGO.     (Passed  March  26,  1877.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

SECTION  i.  That,  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  which  are  hereby  declared  conditions,  per- 
mission and  consent  are  hereby  given,  granted  and  duly 
vested  in  said  company,  its  successors  and  assigns,  to  lay 
down,  operate  and  maintain  a  double  track  railway,  with 
all  necessary  and  convenient  turn-outs,  turn-tables,  side- 
tracks and  switches,  on  Harrison  street  from  Clinton  to 
Canal  streets,  on  Canal  street  from  Harrison  street  to 
Canalport  avenue,  on  Canalport  avenue  from  Canal  street 
to  South  Halsted  street,  and  on  Twelfth  street  from 
Canal  street  to  Ashland  avenue,  the  same  to  be  completed 
and  in  operation  by  the  first  day  of  November,  1877; 
provided,  that  if  said  company  shall  be  delayed  by  the 
order  or  injunction  of  any  court  of  competent  jurisdiction 
from  completing  said  railway,  the  time  of  such  delay  shall 
be  excluded  from  the  period  prescribed  herein  for  com- 
pleting the  same. 

SEC.  2.  The  tracks  of  such  railway  shall  be  laid  as 
near  the  center  of  the  street  as  practicable,  with  such 
modern  improved  rails  as  may  be  prescribed  by  the  city, 
and  shall  be  so  laid  that  carriages  and  other  vehicles  can 
easily  and  freely  cross  said  tracks  at  any  and  all  points, 
and  in  any  and  all  directions,  without  obstruction. 


6i 

SEC.  3.  The  cars  to  be  used  on  said  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect 
with  any  other  railroad  on  which  other  power  is  used, 
and  no  steam  or  other  railway  car  or  carriage  used  upon 
any  other  railroad  in  this  state  shall  be  used  upon  said 
tracks  without  the  consent  of  the  Chicago  West  Division 
Railway  Company,  except  as  is  provided  in  section  eleven 
of  this  ordinance  relating  to  the  Metropolitan  City  Rail- 
way Company. 

SEC.  4.  The  said  tracks  and  railway  shall  be  used  for 
no  other  purpose  than  to  transport  passengers,  and  the 
cars  and  carriages  for  that  purpose  shall  be  of  the  best 
style  and  class. 

SEC.  5.  The  said  Chicago  and  West  Division  Rail- 
way Company,  its  successors  or  assigns,  as  respects  grad- 
ing, paving,  macadamizing,  filling  or  planking,  shall,  at 
their  own  expense,  lay  down  a  new  road-bed  sixteen  feet 
wide,  and  keep  sixteen  feet  in  width  in  repair  on  said 
Harrison,  Canal  and  Twelfth  streets,  and  on  Canalport 
avenue,  so  far  as  the  same  are  embraced  in  this  ordinance, 
and  keep  their  tracks  in  such  condition  that  wagons,  car- 
riages and  other  vehicles  can  pass  and  repass  at  any  and 
all  points,  and  in  any  and  all  directions,  and  as  to  said 
sixteen  feet  in  width  shall  pave,  repave,  plank,  replank 
or  make  any  other  kind  of  new  improvement  which 
may  by  ordinance  be  ordered  at  any  time  by  the  city 
council  on  said  streets  as  far  as  embraced  in  this  ordi- 
nance. 

SEC.  6.  If  the  said  company  should  fail  to  complete 
the  extension  of  said  railway  in  this  ordinance  mentioned, 
at  the  time  mentioned  and  provided,  and  according  to 
conditions  presented  herein,  then  the  rights  and  privi- 
leges granted  by  virtue  hereof  respecting  said  railway 
shall  be  forfeited  to  the  City  of  Chicago,  unless  the  city 


62 

council  of  the  city  shall  grant  to  said  company  a  further 
extension  of  time. 

SEC.  7.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissioners  are  not 
to  be  impaired  or  affected  by  anything  herein  contained, 
but  the  rights  and  privileges  hereby  granted  are  subject 
thereunto. 

SEC.  8.  The  said  company  may  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  upon  the  terms,  with  the  rights  and  subject  to 
the  conditions  and  restrictions  mentioned  in  the  act  in- 
corporating said  company,  and  acts  amendatory  of  the 
same,  for  the  term  and  period  of  twenty  years  from  the 
date  and  passage  of  this  ordinance. 

SEC.  9.  The  said  company  shall  be  entitled  to  enjoy 
all  such  rights  and  privileges  hereby  granted  after  the 
expiration  of  the  time  fixed  in  this  ordinance,  and  until 
the  city  council  shall  thereafter  elect,  by  order  for  that 
purpose,  to  grant  the  privilege  to  some  person,  persons, 
party  or  parties,  or  company,  to  purchase  said  track  or 
tracks  of  said  railway,  cars,  carriages,  furniture  and  im- 
plements, and  appurtenances  of  every  kind  and  descrip- 
tion then  used  in  the  operation  of  the  railways  herein 
authorized  and  pay  for  the  same  in  the  manner  herein- 
after mentioned. 

SEC.  10.  Such  order  to  purchase  shall  fix  the  time 
when  said  person,  persons,  party,  parties  or  company 
will  take  such  railway  and  other  property  before  men- 
tioned, which  shall  not  be  less  than  six  months  after  the 
passage  of  said  order,  and  at  the  time  of  taking  such 
railway  and  other  property  before  mentioned  the  said  per- 
son, party  or  company  shall  pay  to  the  party  or  parties 
operating  the  same  a  sum  of  money  to  be  ascertained  by 


63 

three  commissioners,  to  be  appointed  for  that  purpose, 
as  follows :  One  to  be  chosen  by  said  person  or  parties 
from  the  disinterested  freeholders  of  Cook  County;  one 
in  like  manner  by  the  said  company,  its  associates  or  suc- 
cessors operating  said  road,  and  the  two  persons  so  chosen 
to  choose  the  third  from  said  freeholders. 

SEC.  ii.  The  City  of  Chicago  shall  not  be  liable  to  the 
Chicago  West  Division  Railway  Company  for  any  dam- 
ages by  reason  of  the  passage  of  this  ordinance  if  the  same 
shall  be  held  invalid,  and  the  Chicago  West  Division  Rail- 
way hereby  undertakes  to  indemnify  and  save  harmless  the 
City  of  Chicago  from  all  suits  against  it  by  reason  of 
the  passage  of  the  same;  and  to  pay  all  damages  which 
may  be  recovered  in  such  suits,  or  any  of  them,  and  if  it 
shall  be  finally  decided  that  the  Metropolitan  City  Rail- 
way Company  has,  under  and  by  virtue  of  an  ordinance 
heretofore  passed  and  the  laws  now  in  force,  acquired  the 
right  to  lay  down,  maintain  and  operate  railway  tracks 
upon  that  portion  of  Canal  street  whereon  a  railway  is 
herein  authorized,  and  as  soon  as  legal  obstacles  are  re- 
moved, and  the  Metropolitan  City  Railway  Company  may 
be  authorized  and  prepared  to  lay  down  horse  railway 
tracks  upon  the  streets  designated  in  the  ordinance  of  the 
Metropolitan  City  Railway  Company,  then  the  Chicago 
West  Division  Railway  Company  shall  allow  the  Metro- 
politan City  Railway  Company  to  use  the  tracks  herein 
authorized  upon  Canal  street  between  Harrison  street  and 
Fourteenth  street  jointly  with  it,  the  Chicago  West  Divi- 
sion Railway  Company,  with  equal  privileges,  upon  the 
said  Metropolitan  City  Railway  Company  paying  half  the 
cost  of  construction  and  half  of  the  cost  of  keeping  the 
same  in  repair  as  required  by  this  ordinance. 


64 

SEC.  12.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  company  shall  accept  the  same,  and 
shall  give  a  bond  to  the  City  of  Chicago  in  the  penal  sum 
of  $20,000,  that  it  will  at  all  times  hereafter  comply  with 
the  eleventh  section  of  this  ordinance. 

(Special  Ordinances,  pp.  1341-3.) 


AN  ORDINANCE  TO  PROVIDE  FOR  THE  EXTENSION  OF 
HORSE  RAILWAY  TRACKS  TO  THE  PROPOSED  TROTTING 
PARK  ON  WEST  MADISON  STREET,  JUST  WEST  OF  CEN- 
TRAL PARK,  IN  THE  WEST  DIVISION  OF  THE  CITY  OF 

CHICAGO.     (Passed  June  24,  1878.) 

Whereas,  by  an  act  of  the  General  Assembly  of  the 
State  of  Illinois,  entitled:  "An  act  to  promote  the  con- 
struction of  horse  railways  in  the  City  of  Chicago,"  ap- 
proved February  14,  1859,  and  by  a  certain  ordinance  of 
said  city  in  pursuance  of  the  act  aforesaid,  entitled :  "An 
ordinance  authorizing  the  extension  and  operation  of  cer- 
tain horse  railways  in  the  streets  of  the  south  and  west 
divisions  of  Chicago,"  passed  May  23,  1859,  found  on 
page  194  of  Revised  Ordinances  (Section  29),  of  the  City 
of  Chicago;  and 

Whereas,  said  ordinance  authorizing  the  extension  and 
operation  of  said  horse  railways,  and  granted  upon  cer- 
tain conditions,  which  are  set  forth  in  said  ordinance, 
passed  May  23,  1859,  one  of  which  said  conditions  was 
that  "whenever  the  common  council  shall  determine  that 
the  public  interest  requires  any  one  of  said  railways  last 
mentioned  to  be  constructed  or  extended,  as  the  case  may 
be,  and  shall,  by  ordinance,  direct  such  construction  or 
extension,  in  sixty  days  after  being  notified  of  such  ordi- 
nance. 

Provided,  however,  that  such  ordinance  shall  include 
one  street  only,  that  then  there  shall  be  an  interval  of  at 
least  three  months  between  such  ordinances,  and  that  the 
same  shall  not  be  made  at  an  unseasonable  time  of  the 
year  for  doing  such  work ;  now,  therefore, 


66 

Be  it   Ordained   by   the   City    Council   of   the   City  of 
Chicago: 

SECTION  i.  That  this  council  does  hereby  determine, 
in  accordance  with  the  terms  and  provisions  of  said  ordi- 
nance, passed  May  23,  1859,  that  the  public  interest  re- 
quires that  the  railway  tracks  of  the  Chicago  City  Rail- 
way Company,  which  have  hitherto  been  laid  on  West 
Lake  street,  and  as  the  same  exist  therein,  shall  be  ex- 
tended west  on  said  Lake  street  from  their  present  termi- 
nus to  the  proposed  trotting  park  of  West  Madison 
street,  just  west  of  the  Central  Park,  a  public  park,  exist- 
ing in  the  west  division  of  the  City  of  Chicago  (or  that 
a  line  of  railway  equivalent  thereto  should  be  extended  to 
said  trotting  park),  and  the  said  Chicago  City  Railway 
Company  is  hereby  ordered  and  directed  to  extend  the 
tracks  of  their  railway  west  on  Lake  street  to  said  trotting 
park,  and  that  the  said  track  or  tracks  shall  be  laid  down 
within  sixty  days  after  the  said  company  is  notified  of  the 
passage  of  this  ordinance,  in  accordance  with  the  re- 
quirements of  said  ordinance,  passed  May  23,  1859,  and 
shall  be  used,  operated  and  maintained  subject  to  all  of 
the  provisions  of  said  ordinance. 

SEC.  2.  The  Chicago  West  Division  Railway  Com- 
pany, the  successor  of  the  Chicago  City  Railway  Com- 
pany, and  owner  of  all  its  rights,  privileges  and  fran- 
chises, so  far  as  relates  to  the  west  division  of  the  city, 
and  under  obligation  to  perform  all  the  duties  of  said  last 
named  company,  in  respect  to  horse  railways  in  such  divi- 
sion, may,  instead  of  extending  its  railway  tracks  now 
existing  on  Lake  street,  extend  its  tracks  west  on  Madi- 
son street,  from  the  steam  railway  tracks  on  Rockwell 
street  to  the  proposed  trotting  park,  subject  to  all  of  the 
provisions  of  the  ordinance  mentioned  in  the  foregoing 
section,  and  in  case  said  Chicago  West  Division  Railway 


67 

Company  shall  elect  to  extend  their  said  track  on  West 
Madison  street,  west  to  the  proposed  trotting  park  as 
aforesaid,  and  shall  notify  the  city  council  of  the  same, 
and  that  they  will  operate  and  maintain  a  horse  railway 
from  the  present  terminus  of  their  railway  tracks  on 
Madison  street,  from  the  steam  railways  tracks  on  Rock- 
well street  to  said  proposed  trotting  park,  then  all  provi- 
sions of  said  ordinance  shall  be  observed  by  the  Chicago 
West  Division  Railway  Company  as  respects  the  said 
tracks  herein  authorized  to  be  laid  on  Madison  street. 

SEC.  3.  The  rights  and  privileges  hereby  granted  to 
said  company  to  keep,  maintain,  use  and  enjoy  the  right 
to  operate  thereon  railway  cars  and  carriages  are  granted 
for  the  term  of  twenty  years  from  the  passage  of  this 
ordinance  upon  the  same  terms  and  with  the  rights 
and  subject  to  the  conditions  and  restrictions  which  the 
said  company  now  has,  and  which  exist  in  regard  to  the 
tracks  of  said  company  now  laid  on  said  West  Madison 
street,  east  of  Western  avenue. 

SEC.  4.  The  said  company  shall  be  entitled  to  enjoy  all 
such  rights  and  privileges  hereby  granted,  after  the  ex- 
piration of  the  time  fixed  in  this  ordinance,  and  until  the 
city  council  shall  thereafter,  elect,  by  order  for  that  pur- 
pose, to  grant  the  privilege  to  some  person,  persons,  party 
or  parties,  corporation  or  company,  to  purchase  said  track 
or  tracks  of  said  railway  cars,  carriages,  furniture  and 
implements  and  appurtenances  of  every  kind  and  descrip- 
tion then  used  in  the  operation  of  the  railways  herein 
authorized,  and  pay  for  the  same  in  the  manner  herein- 
after mentioned. 

SEC.  5.  Such  order  to  purchase  shall  fix  the  time  when 
said  person,  persons,  party,  parties,  corporation  or  com- 
pany will  take  such  railway  and  other  property  before 


68 

mentioned,  which  shall  not  be  less  than  six  months  after 
the  passage  of  said  order,  and  at  the  time  of  taking  such 
railway  and  other  property  before  mentioned,  the  said 
person,  party,  corporation  or  company  shall  pay  to  the 
party  or  parties  operating  the  safne  a  sum  of  money  to 
be  ascertained  by  three  commissioners,  to  be  appointed 
for  that  purpose,  as  follows :  One  to  be  chosen  by  said 
person  or  parties  from  the  disinterested  freeholders  of 
Cook  county;  one  in  like  manner  by  the  said  company, 
its  associates  or  successors  operating  said  road,  and  the 
two  persons  so  chosen  to  choose  the  third  from  said  free- 
holders. 

SEC.  6.  The  said  railway  company,  its  successors  or 
assigns,  as  respects  grading,  paving,  macadamizing,  filling 
or  planking,  shall,  at  their  own  expense,  keep  eight  feet 
in  width  where  a  single  track  is  used,  and  sixteen  feet 
in  width  where  double  track  is  used,  of  said  streets  or 
parts  thereof,  so  occupied  as  provided  in  this  ordinance 
in  good  repair,  so  that  wagons,  carriages  or  other  ve- 
hicles can  pass  and  repass  at  any  and  all  points,  and  in 
any  and  all  directions,  and  when  any  new  improvements, 
paving,  repaving,  macadamizing,  planking  or  replanking 
is  ordered  by  the  city  council  in  said  street,  said  railway 
company  shall,  in  the  same  manner,  and  with  like  ma- 
terial, as  required  by  the  owners  of  property,  as  to  other 
contiguous  parts  of  the  street,  make  such  new  improve- 
ments on  eight  feet  in  width  where  a  single  track  is  used, 
and  sixteen  feet  in  width  where  a  double  track  is  used, 
and  if  the  said  company  shall  refuse  or  neglect  to  make 
such  new  improvements  within  a  reasonable  time,  to  be 
fixed  by  the  ordinance,  the  work  may  be  done  by  the 
city  and  the  cost  thereof  assessed  upon  said  company, 
and  collected  as  other  assessments  from  any  real  or  per- 
sonal property  of  said  company. 


,69 

SEC.  7.  The  tracks  hereby  authorized  shall  be  deemed 
as  an  extension  of  the  tracks  already  laid  by  said  com- 
pany on  Madison  street,  and  no  additional  fare  shall  be 
charged  over  the  line  so  extended  by  virtue  of  this  ordi- 
nance. 

Sue.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

(Special  Ordinances,  pp.  1347-9.) 


AN  ORDINANCE  AMENDING  ORDINANCE  PASSED  JUNE  28, 
1878.,  SUBSTITUTING  "CENTRAL  PARK"  FOR  "TROT- 
TING PARK."  (Passed  July  8,  1878.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

SECTION  i.  That  Section  i  of  the  ordinance  for  the 
extension  of  horse  railway  tracks  on  West  Madison  street, 
passed  June  24,  1878,  be,  and  the  same  is  hereby  amend- 
ded,  by  striking  out  of  said  section  the  words  "to  the 
proposed  trotting  park,"  found  in  the  ninth  line  of  the 
printed  copy  of  said  ordinance,  as  found  in  the  printed 
council  proceedings ;  and,  also,  by  striking  out  the  words 
"trotting  park,"  elsewhere  found  in  said  section,  and  in- 
serting in  lieu  thereof  the  words  "Central  Park."  Also, 
by  striking  out  the  words  "proposed  trotting  park"  wher- 
ever found  in  the  second  section  of  said  ordinance,  and  in- 
serting in  lieu  thereof  the  words  "said  Central  Park,"  to 
the  end  that  said  ordinance  may  so  read  that  the  terminus 
of  said  tracks,  as  fixed  by  said  ordinance,  shall  be  said 
Central  Park,  in  place  of  said  trotting  park. 

(Special  Ordinances,  pp.  1349-50.) 


AN  ORDINANCE  TO  AUTHORIZE  AN  EXTENSION  OF  THE 
CHICAGO  WEST  DIVISION  RAILWAY  TRACKS  ON  WEST 
TWELFTH  STREET  AND  ON  RANDOLPH  STREET.  (Passed 
August  26,  1878.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

SECTION  I.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Divi- 
sion Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  is  hereby  given 
to  said  company,  its  successors  and  assigns,  to  construct, 
maintain  and  operate  a  single  or  double  track  extension 
of  its  railway  on  West  Twelfth  street,  from  the  east  line 
of  Ashland  avenue  to  connect  with  the  tracks  of  said 
company  on  Ogden  avenue,  and  on  Randolph  street  from 
State  street  to  Michigan  avenue,  with  all  necessary  side- 
tracks, turn-outs  and  switches,  subject  to  all  the  condi- 
tions and  with  all  the  rights  and  privileges  applicable  to 
the  line  of  said  company  on  West  Twelfth  street,  east  of 
Ashland  avenue,  the  track  on  Randolph  street  to  be  so 
laid  that  passengers  may  step  from  the  cars  to  the  side- 
walk in  front  of  Dearborn  Park,  for  the  period  of  twenty 
years  after  the  passage  of  this  ordinance;  and  the  rate  of 
fare  for  any  distance  on  said  line  and  these  extensions 
thereof  shall  not  exceed  five  cents  for  each  passenger  for 
any  continuous  travel  at  one  ride;  and  the  said  exten- 
sion shall  be  made  within  sixty  days  from  the  passage  of 
this  ordinance. 

SEC.  2.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  said 
streets,  upon  which  they  shall  construct  the  said  railway, 
keep  eight  feet  in  width,  where  a  single  track  is  laid, 


72 

and  sixteen  feet  where  two  tracks  are  laid,  in  good  repair 
and  condition  during  all  the  time  to  which  the  privileges 
granted  shall  extend,  in  accordance  with  whatever  order 
or  regulation  respecting  the  ordinary  repair  thereof  may 
be  passed  by  the  city  council,  and  where  any  new  improve- 
ments shall  be  ordered  by  the  city  council  on  said  streets 
the  said  company  shall,  in  the  same  manner  and  with  like 
material  as  required  of  the  owners  of  property  as  to  other 
parts  of  the  street,  make  such  new  improvements,  for  the 
width  of  eight  feet,  where  a  single  track  is  laid,  and  six- 
teen feet  where  a  double  track  is  laid ;  and  if  the  company 
fails  to  do  so,  it  may  be  done  by  the  city,  and  the  cost 
collected  of  said  company;  and  if  said  company  shall  tail 
or  neglect  to  make  any  necessary  repairs  for  twenty  days 
after  notice,  the  work  may  be  done  by  the  city,  and  the 
cost  thereof  collected  from  said  company. 

SEC.  3.  This  ordinance  shall  take  effect  when  it  shall 
have  been  accepted  by  said  company,  which  shall  be  with- 
in ten  days  from  its  passage. 

(Special  Ordinances,  p.  1350.) 


73 


AN  ORDINANCE  TO  AUTHORIZE  THE  CHICAGO  WEST 
DIVISION  RAILWAY  COMPANY  TO  EXTEND  ITS  STREET 
RAILWAY  TRACKS  ON  WEST  MADISON  STREET. 
(Passed  September  9,  1878.) 

Be   it   Ordained   by   the  City   Council   of   the   City   of 

Chicago : 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  permission  and  authority  is  hereby  granted 
to  said  company,  its  successors  and  assigns,  to  construct, 
maintain  and  operate  a  single  or  double  track  extension 
of  its  railway  on  West  Madison  street,  from  Homan  ave- 
nue to  Hamlin  avenue,  with  all  necessary  side-tracks, 
turn-outs  and  switches,  subject  to  all  the  conditions  and 
with  all  the  rights  and  privileges  applicable  to  the  line  of 
said  company  on  Madison  street  east  of  Homan  avenue 
for  the  period  of  twenty  years  after  the  passage  of  this 
ordinance,  and  the  rate  of  fare  for  any  distance  on  said 
Madison  street  and  the  extension  thereof  shall  not  exceed 
five  cents  for  each  passenger  for  any  continuous  travel  at 
one  ride,  and  the  said  extension  shall  be  made  within 
twenty  days  from  the  passage  of  this  ordinance. 

SEC.  2.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  said 
street  upon  which  the  said  extension  is  made,  keep  so 
much  of  said  street  in  good  repair  and  condition  as  shall 
be  occupied  by  its  tracks,  and  when  any  new  improve- 
ment shall  be  ordered  by  the  city  council  on  that  portion 
of  Madison  street  embraced  in  this  ordinance,  the  said 
company  shall,  in  the  same  manner,  and  with  like  mate- 
rial as  is  required  of  the  owners  of  property  as  to  other 


74 

contiguous  parts  of  said  street,  make  such  new  improve- 
ments on  so  much  of  said  street  as  is  occupied  by  its 
tracks,  and  if  said  company  fails  to  do  so  it  may  be  done 
by  the  city,  and  the  cost  thereof  collected  of  said  company, 
and  if  said  company  shall  fail  or  neglect  to  make  said 
necessary  repairs  for  twenty  days  after  notice,  the  work 
may  be  done  by  the  city,  and  the  cost  thereof  collected 
from  said  company. 

SEC.  3.  Said  company  shall  not  be  required  to  operate 
said  extension  except  when  there  is  something  special  go- 
ing on  at  the  trotting  park. 

SEC.  4.  This  ordinance  shall  take  effect  when  it  shall 
have  been  accepted  by  said  company. 

(Special  Ordinances,  p.  1351.) 


AN  ORDINANCE  TO  AUTHORIZE  THE  WEST  DIVISION 
RAILWAY  COMPANY  TO  EXTEND  ITS  RAILWAY  TRACKS 
ON  BLUE  ISLAND  AVENUE.  (Passed  October  14,  1878.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  by  the  Chicago  West  Divi- 
sion Railway  Company  to  comply  with  the  provisions 
herein  contained,  permission  and  authority  is  hereby 
granted  to  said  company,  its  successors  and  assigns,  to 
construct,  maintain  and  operate,  for  a  period  of  twenty 
years,  as  an  extension  of  the  tracks  on  Blue  Island  ave- 
nue, a  double  track  street  railway,  with  all  necessary  turn- 
outs, side-tracks  and  switches,  from  the  present  terminus 
of  its  tracks  on  Blue  Island  avenue  to  Western  avenue, 
subject  to  all  the  conditions  and  with  all  the  rights  and 
privileges  applicable  to  the  line  of  said  company  now  in 
operation  on  Blue  Island  avenue,  and  the  rate  of  fare  for 
the  entire  distance  shall  not  exceed  five  cents,  but  where 
passengers  riding  on  tickets  are  transferred  at  Twenty- 
second  street  an  additional  sum  of  one  cent  may  be  col- 
lected so  that  the  through  rate  shall  be  equal  to  five  cents. 

SEC.  2.  Said  company  shall  extend  the  tracks  hereby 
provided  for  to  Robey  street  during  the  year  1878,  and 
to  Western  avenue  during  the  year  1879,  and  thereafter 
the  same  rates  and  rules  in  regard  to  fare  as  are  applica- 
ble to  the  other  lines  of  said  company  shall  be  applicable  to 
the  line  hereby  created. 

SEC.  3.  Said  company  shall  not,  for  a  period  of  three 
years  from  the  passage  of  this  ordinance,  be  required  to 
run  the  regular  Blue  Island  avenue  cars  beyond  Twenty- 


76 

second  street,  but  shall  run  additional  cars  between  Twen- 
ty-second street  "and  the  terminus  of  the  line,  transferring 
the  passengers  at  Twenty-second  street. 

SEC.  4.  The  said  company  shall,  as  respects  the  grad- 
ing, paving,  macadamizing,  filling  or  planking  of  said 
street,  upon  which  the  said  extension  is  made,  keep  so 
much  of  said  street  in  good  repair  and  condition  as  shall 
be  occupied  by  its  tracks,  and  when  any  new  improvement 
shall  be  ordered  by  the  city  council  on  that  portion  of  the 
street  embraced  in  this  ordinance,  said  company  shall,  in 
the  same  manner,  and  with  like  material  as  is  required  of 
the  owners  of  property  as  to  other  contiguous  parts  of 
said  street,  make  such  new  improvement  on  so  much  of 
said  street  as  is  occupied  by  its  tracks,  and  if  said  com- 
pany shall  fail  to  do  so  it  may  be  done  by  the  city  and 
the  cost  thereof  collected  of  said  company,  and  if  said 
company  shall  fail  or  neglect  to  make  said  necessary  re- 
pairs for  twenty  days  after  notice,  the  work  may  be  done 
by  the  city  and  the  cost  thereof  collected  from  said  com- 
pany. 

SEC.  5.  This  ordinance  shall  take  effect  when  it  shall 
have  been  accepted  by  said  company. 

(Special  Ordinances,  pp.  1352-3.) 


77 


AN    ORDINANCE   AUTHORIZING    THE    CONSTRUCTION    AND 
OPERATION  OF  STREET  RAILWAY  TRACKS  ON  WESTERN 

AVENUE.     (Passed  December  23,  1878.) 

Be  it   Ordained   by   the  City   Council   of  the  City   of 
Chicago : 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  permission  and  consent  are  given  and  granted 
to  and  duly  vested  in  said  company,  its  successors  and  as- 
signs, to  lay  down,  operate  and  maintain  a  double  track 
railway,  with  all  necessary  and  convenient  turn-outs,  side- 
tracks, turn-tables  and  switches  on  Western  avenue  from 
Van  Buren  street  to  Madison  street,  to  enable  said  com- 
pany to  connect  its  tracks  on  Van  Buren  street  with  its 
car  house  and  barns,  at  the  corner  of  Western  avenue 
and  Washington  street,  the  same  to  be  completed  on  or 
before  May  i,  1879;  provided,  that  if  said  company 
shall  be  delayed  by  the  order  or  injunction  of  any  court 
of  competent  jurisdiction  from  completing  said  railway, 
the  time  of  such  delay  shall  be  excluded  from  the  period 
prescribed  herein  for  completing  the  same. 

SEC.  2.  The  tracks  of  such  railway  shall  be  laid  as  near 
the  center  of  the  street  as  practicable,  with  modern  im- 
proved rails,  and  shall  be  so  laid  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  said  tracks  at  any  and 
all  points,  and  in  any  and  all  directions,  without  unnec- 
essary obstruction. 

SEC.  3.  The  cars  to  be  used  on  said  tracks  shall  be  op- 
erated with  animal  power  only,  and  shall  not  connect  with 
any  other  railroad  on  which  other  power  is  used. 


78 

SEC.  4.  The  said  tracks  and  railway  shall  be  used  for 
no  other  purposes  than  to  transport  passengers,  and  the 
cars  and  carriages  for  that  purpose  shall  of  the  best  style 
and  class.  The  city  council  shall  have  the  power  to  reg- 
ulate the  running  time,  and  number  of  cars  to  be  run  from 
time  to  time,  upon  the  line  of  railway  hereby  granted. 

SEC.  5.  The  said  Chicago  West  Division  Railway 
Company,  its  successors  or  assigns,  as  respects  grading, 
paving,  macadamizing,  filling  or  planking,  shall,  at  their 
own  expense,  keep  sixteen  feet  in  width  in  repair  on  said 
Western  avenue,  so  far  as  the  same  is  embraced  in  this 
ordinance,  and  when  any  new  improvement,  paving,  re- 
paving,  macadamizing,  planking  or  replanking  is  ordered 
by  the  city  council  on  said  street,  said  railway  company 
shall,  in  the  same  manner  and  with  like  material  as  re- 
quired by  owners  of  property  as  to  other  contiguous  parts 
of  the  street,  make  such  new  improvement  on  sixteen  feet 
in  width,  and  if  said  company  shall  refuse  or  neglect  to 
make  such  new  improvement  within  a  reasonable  time,  to 
be  fixed  by  the  ordinance,  the  work  may  be  done  by  the 
city,  and  the  cost  thereof  assessed  upon  said  company 
and  collected  as  other  assessments  from  any  real  or  per- 
sonal property  of  said  company. 

SEC.  6.  If  the  said  company  shall  fail  to  complete  the 
extension  of  said  railway  in  this  ordinance  mentioned  at 
the  time  mentioned  and  provided  and  according  to  the 
conditions  presented  herein,  then  the  rights  and  privileges 
granted  by  virtue  hereof,  respecting  said  railway,  shall 
be  forfeited  to  the  City  of  Chicago,  unless  the  city  coun- 
cil shall  grant  to  said  company  a  further  extension  of 
time. 

SEC.  7.  All  rights  heretofore  vested  in  the  board  of 
water  commissioners  and  sewerage  commissions,  are  not 


79 

to  be  impaired  or  affected  by  anything  herein  contained, 
but  the  rights  and  privileges  hereby  granted  are  subject 
thereunto. 

SEC.  8.  The  said  company  may  keep,  maintain,  use 
and  enjoy  the  right  to  operate  thereon  railway  cars  and 
carriages  upon  the  terms,  with  the  rights  and  subject 
to  the  conditions  and  restrictions  mentioned  in  the  act 
of  incorporating  said  company  for  the  term  and  period 
of  twenty  years  from  the  date  and  passage  of  this  ordi- 
nance. 

SEC.  9.  The  said  company  shall  be  entitled  to  enjoy  all 
such  rights  and  privileges  hereby  granted  after  the  ex- 
piration of  the  time  fixed  by  this  ordinance,  and  until 
the  city  council  shall  thereafter  elect  by  order  for  that 
purpose  to  grant  the  privilege  to  some  person,  persons, 
party  or  parties  or  company,  to  purchase  said  track  or 
tracks  of  said  railways  cars,  carriages,  furniture,  property 
and  implements  and  appurtenances  of  every  kind  and  de- 
scription then  used  in  the  operation  of  the  railways  herein 
authorized,  and  pay  for  the  same  in  the  manner  herein- 
after mentioned. 

SEC.  10.  Such  order  to  purchase  shall  fix  the  time 
when  said  person,  persons,  party,  parties  or  company  will 
take  such  railway  and  other  property  before  mentioned, 
which  shall  not  be  less  than  six  months  after  the  passage 
of  said  order,  and  at  the  time  of  taking  such  railway  and 
other  property  before  mentioned  the  said  person,  party  or 
company  shall  pay  to  the  party  or  parties  operating  the 
same  a  sum  of  money  to  be  ascertained  by  three  commis- 
sioners, to  be  appointed  for  that  purpose,  as  follows :  One 
to  be  chosen  by  said  person  or  parties  from  the  disinter- 
ested freeholders  of  Cook  county ;  one  in  like  manner  by 
the  said  company,  its  associates  or  successors  operating 


8o 

said  road,  and  the  two  persons  so  chosen  te  choose  the 
third  from  said  freeholders. 

SEC.  ii.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  acceptance  by  said 
company. 

(Special  Ordinances,  pp.   1353-5.) 


8i 


AN   ORDINANCE  AUTHORIZING   THE   CONSTRUCTION   OF   A 
HORSE  RAILWAY   ON    CHICAGO   AVENUE.       (Passed   Oo 

tober  20,  1879.) 

Be  it   Ordained   by   the  City   Council   of   the   City   of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  hereof, 
authority,  permission  and  consent  are  hereby  given, 
granted  and  duly  vested  in  said  company,  its  successors 
and  assigns,  to  construct,  lay  down,  operate  and  maintain 
a  single  or  double  track  railway,  with  all  necessary  turn- 
outs, side-tracks,  switches  and  curves,  in,  upon,  along 
Chicago  avenue,  from  its  intersection  with  Milwaukee 
avenue  west  to  Western  avenue,  and  to  operate  the  same 
in  connection  with  the  railway  on  said  Milwaukee  avenue, 
the  same  to  be  completed  as  far  west  as  the  west  line  of 
Wood  street,  on  or  before  June  ist,  A.  D.  1880,  and  from 
thence  to  the  center  of  Western  avenue  as  soon  thereafter 
as  it  may  be  deemed  practicable  by  said  company. 

SEC.  2.  'The  tracks  of  such  railway  shall  be  so  laid  that 
carriages  and  other  vehicles  can  easily  and  freely  cross 
said  tracks  without  obstruction. 

SEC.  3.  The  rate  of  fare  for  any  continuous  distance 
on  the  same  car  shall  not  exceed  five  cents,  except  when 
cars  or  carriages  shall  be  chartered  for  special  purposes. 
The  cars  to  be  used  upon  said  tracks  shall  be  propelled  by 
animal  power,  and  shall  not  connect  with  any  other  rail- 
road on  which  other  power  is  used. 

SEC.  4.  The  said  tracks  and  railway  shall  be  used  for 
transporting  passengers,  and  the  cars  or  carriages  shall 
be  of  the  best  style. 


82 

SEC.  5.  That  said  railway  company  shall,  as  respects 
the  grading,  paving,  macadamizing,  filling,  widening  or 
planking  the  streets  or  parts  of  streets  upon  which  they 
shall  construct  their  said  railways,  or  any  of  them,  keep 
eight  feet  in  width  on  all  streets  whereon  one  track  is  con- 
structed, and  sixteen  feet  in  width  along  the  line  of  said 
railway  where  two  tracks  are  constructed,  in  good  repair 
and  condition  during  all  the  time  to  which  the  privilege 
hereby  granted  to  said  company  shall  extend. 

SEC.  6.  Consent  and  authority  is  hereby  given  to  said 
company  to  pave  and  keep  in  repair,  with  cobble  stones, 
the  railways  herein  mentioned,  and  where  it  is  deemed 
practicable,  in  the  estimation  of  the  commissioners  of 
public  works,  block  stone  may  be  laid  outside  of  the  rails 
on  that  portion  of  the  streets  required  to  be  paved  and 
kept  in  repair  by  said  company;  provided,  that  the  same 
shall  be  done  to  the  satisfaction  of  the  department  of 
public  works. 

SEC.  7.  If  the  said  company  fail  to  complete  the  said 
railways  in  the  ordinance  mentioned  at  the  time  men- 
tioned and  provided,  and  according  to  the  conditions  pre- 
scribed herein,  then  the  rights  and  privileges  granted  by 
virtue  hereof  respecting  said  railways  shall  be  forfeited 
to  the  City  of  Chicago,  unless  the  city  council  shall  grant 
said  company  a  further  extension  of  time;  provided,  that 
if  the  said  company  is  delayed  by  the  order  of  any  court, 
the  time  of  such  delay  shall  be  excluded  from  the  time 
above  prescribed. 

SEC.  8.  All  rights  and  privileges  heretofore  vested  in 
the  board  of  water  commissioners  and  sewer  commission- 
ers or  other  corporations  are  not  to  be  impaired  or  affected 
by  anything  herein  contained,  but  the  rights  and  privileges 
hereby  granted  are  subject  thereunto. 


83 

SEC.  9.  The  same  company  shall  keep,  maintain,  use 
and  enjoy  the  right  to  operate  railway  cars  and  carriages 
under  the  terms  and  restrictions  herein  provided  for  and 
during  the  term  of  twenty  years  from  and  after  the  pass- 
age of  this  ordinance,  and  after  the  expiration  of  the  time 
fixed  in  this  ordinance,  and  until  the  city  council  thereaf- 
ter elect,  by  order  for  that  purpose,  to  grant  the  privilege 
to  some  person,  persons,  party  or  parties,  corporation  or 
company,  to  purchase  said  tract  or  tracts  of  said  railway 
company,  cars,  carriages,  furniture  and  implements  and 
appurtenances  of  every  kind  and  description  then  used  by 
said  company  in  the  operation  of  said  railways,  and  to 
pay  for  the  same  in  a  manner  hereinafter  mentioned. 

SEC.  10.  Such  order  to  purchase  shall  fix  the  time 
when  said  person,  persons,  party  or  parties,  corporation 
or  company  will  take  such  railway  and  other  property 
herein  mentioned  which  shall  not  be  less  than  six  months 
after  the  passage  of  said  order,  and  at  the  time  of  taking 
such  railway  and  other  property  herein  mentioned  the 
said  person,  persons,  party  or  parties,  corporation  or  com- 
pany, shall  pay  to  the  party  or  parties  operating  the  same 
the  sum  of  money  to  be  ascertained  by  three  commission- 
ers, to  be  appointed  for  that  purpose,  as  follows :  One  to 
be  chosen  by  said  person  or  parties  from  the  disinterested 
freeholders  of  Cook  county;  one  in  like  manner  by  the 
said  company,  its  associates  or  successors,  operating  said 
road,  and  the  two  persons  so  chosen,  one  from  said  free- 
holders. 

SEC.  ii.  The  tracks  hereby  authorized  shall  be  deemed 
an  extension  of  the  tracks  already  laid  by  said  company 
on  Milwaukee  avenue,  Clinton,  Halsted,  Randolph  and 
Madison  streets,  or  either  of  them,  and  no  additional 
fare  shall  be  charged  over  the  line  so  extended  by  virtue 
of  this  ordinance. 


84 

SEC.  12.  This  ordinance  shall  take  effect  and  be  in 
force  on  and  after  its  passage  and  acceptance  by  said  rail- 
way company. 

(Special  Ordinances,  pp.  1355-7.) 


AN    ORDINANCE   AUTHORIZING    AN     EXTENSION     OF     THE 
STREET  RAILWAYS  ON   LAKE  STREET  AND  MILWAUKEE 

AVENUE.     (Passed  November  29,  1880.) 

Be  it   Ordained   by   the   City   Council   of   the  City   of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  permission  and  authority  is  hereby  given  to 
said  company  to  extend  its  railways  now  in  use  on  Lake 
street  and  Milwaukee  avenue,  and  for  that  purpose  the 
said  company  may  construct  a  double  and  single  track 
railway,  as  hereinafter  mentioned,  with  all  the  necessary 
side-tracks,  curves,  turn-outs  and  switches ;  that  is  to  say, 
a  double  track  on  Milwaukee  avenue  from  the  tracks  now 
in  use  thereon,  at  the  intersection  of  Clinton  street,  to 
Lake  street,  and  to  a  connection  with  the  tracks  of  said 
company  on  said  Lake  street,  and  a  double  track  on  Lake 
street  from  the  tracks  of  said  company  on  said  street  at 
Rockwell  street  to  Central  Park,  and  from  the  tracks  of 
said  company  now  in  use  on  Lake  street  at  Union  Park 
easterly  on  said  Lake  street  to  Lake  street  bridge  and 
over  and  along  said  bridge  and  Lake  street  to  the  east  line 
of  State  street,  and  thence  with  a  single  track  to  the  east 
line  of  Wabash  avenue,  and  the  said  company  may  main- 
tain and  operate  its  railways,  extended  as  aforesaid,  upon 
the  terms  and  conditions  and  subject  to  the  restrictions 
mentioned  in  this  ordinance,  for  the  period  of  twenty 
years  from  the  passage  thereof,  and  the  rate  of  fare  shall 
not  exceed  five  cents  for  each  passenger  for  any  continu- 
ous travel  of  one  trip;  and  the  said  company  is  hereby 
authorized  to  use  and  operate  its  cars  upon  the  tracks  of 


the  Chicago  City  Railway  Company  now  in  use,  or  which 
may  be  hereafter  authorized,  for  the  purpose  of  connect- 
ing the  different  lines  of  said  Chicago  West  Division 
Railway  Company ;  provided,  the  consent  of  said  Chicago 
City  Railway  Company  to  such  use  of  said  lines  is  first 
obtained. 

SEC.  2.  Each  of  said  tracks  shall  be  laid  as  near  the 
center  of  the  street  as  practicable,  and  shall  not  be  laid 
nearer  than  twelve  feet  of  the  sidewalk,  except  in  turning 
street  corners,  and  then  no  nearer  than  may  be  required  to 
make  the  necessary  curves.  The  cars  shall  be  used  for 
no  other  purpose  than  the  transportation  of  passengers 
and  their  ordinary  luggage  by  said  company,  and  shall 
be  operated  by  animal  power  only. 

SEC.  3.  The  tracks  herein  authorized  shall  be  laid  and 
the  lines  in  operation  by  the  first  day  of  June,  1881 ;  pro- 
vided, that  if  said  company  be  delayed  by  the  order  or 
writ  of  any  court  from  proceeding  with  the  work,  the 
time  of  such  delay  shall  be  excluded  from  the  time  pre- 
scribed herein  for  the  completion  of  said  railways;  and 
if  said  company  shall  fail  to  complete  said  tracks  within 
the  time  prescribed,  the  rights  and  privileges  hereby 
granted  may  be  declared  null  and  void. 

SEC.  4.  The  said  company,  as  respects  the  grading, 
paving,  macadamizing,  filling,  planking,  repairing  or 
using  of  said  street  and  avenue  upon  which  they  shall 
construct  said  railways,  or  any  of  them,  shall  keep  sixteen 
feet  in  width,  where  two  tracks  are  laid,  and  eight  feet 
in  width,  where  one  track  is  laid,  in  good  repair  and  con- 
dition during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order 
or  regulation  respecting  the  ordinary  repair  thereof  may 
be  passed  or  adopted  by  the  city  council;  and  when  any 


8; 

new  improvement,  paving,  repairing,  planking,  filling  or 
other  improvemet  of  like  character  shall  be  ordered  by 
the  city  council  thereon,  said  company  shall,  in  the  man- 
ner required  by  the  city  authorities  of  the  owners  of 
property  fronting  on  said  street  and  avenue,  make  such 
new  improvement  for  the  width  of  sixteen  feet,  where 
two  tracks  are  laid,  and  eight  feet,  where  one  track  is 
laidj  and  if  said  company  fails  to  do  so,  it  may  be  done 
by  the  city  and  the  cost  thereof  collected  of  said  com- 
pany. 

SEC.  5.  The  city  council  shall  have  power  at  all  times 
to  make  such  regulations  as  to  the  rate  of  speed  and  time 
of  running  said  cars  as  the  public  safety  and  convenience 
may  require. 

SEC.  6.  If  the  City  of  Chicago  shall  hereafter,  during 
the  term  of  the  license  hereby  granted,  provide  by  ordi- 
nance for  the  construction  of  a  large,  four-track  bridge 
over  the  Chicago  river  at  Lake  street,  to  be  operated  by 
steam  or  other  power  to  be  used,  and  take  the  place  of  the 
existing  bridge  over  said  river  on  said  Lake  street,  in  con- 
sideration of  the  increased  facilities  which  such  a  struc- 
ture would  afford  to  the  Chicago  West  Division  Railway 
Company  in  crossing  said  river,  said  company  agrees  to 
pay  to  the  City  of  Chicago,  as  required  by  the  city  dur- 
ing the  progress  of  its  construction,  one-half  the  first  cost 
of  such  structure,  including  pier,  abutments  and  steam 
or  other  machinery,  and  a  further  sum  of  $1,000  per  an- 
num, payable  quarterly,  towards  defraying  the  expense 
of  operating  and  repairing  said  Lake  street  bridge,  and 
making  any  renewals,  improvements,  enlargements  and 
replacements  thereof.  Such  annual  payments  to  com- 
mence whenever  the  new  structure  is  ready  for  use,  and 
to  be  continued  every  year  thereafter  until  the  termination 
of  the  license  hereby  granted,  which  payments,  on  ac- 


count  of  the  cost  of  such  bridge,  and  annual  payments 
before  mentioned,  are  understood  and  agreed  to  be  in  lieu 
of  all  special  assessments  which  could  or  might  be  made 
against  said  company  or  its  property  for  or  on  account 
of  the  construction  of  such  bridge  and  all  approaches 
thereto ;  and  for  and  on  account  of  the  operation  and  re- 
pair of  the  same;  and  for  all  renewals,  improvements, 
enlargements  and  replacements  thereof,  and  are  to  fully 
relieve  and  discharge  said  company  from  all  other  and 
further  obligations  on  account  thereof. 

SEG.  7.  And  in  further  consideration  of  the  privileges 
and  immunities  hereby  granted,  the  said  railway  com- 
pany shall  pay  into  the  treasury  of  the  City  of  Chicago, 
for  the  use  of  said  city,  an  annual  license  fee  of  fifty  dol- 
lars, and  no  more,  per  car  for  the  daily  average  number 
of  cars  regularly  used  in  the  operation  of  the  tracks  on 
said  Lake  street,  and  on  said  Milwaukee  avenue  hereby 
licensed,  and  which  shall  be  run  over  said  Lake  street 
bridge ;  but  in  computing  the  number  of  cars  upon  which 
such  license  charge  may  be  imposed,  all  irregular  or  extra 
cars  occasionally  operated  shall  be  included  upon  the  basis 
of  thirteen  round  trips  being  equivalent  to  one  day's  use 
of  one  car.  The  president  or  other  officer  of  said  com- 
pany shall  make,  under  oath,  a  true  report  of  the  whole 
number  of  cars  operated  on  said  tracks  and  bridge  as 
herein  provided,  and  at  the  same  time  pay  to  the  city 
treasurer  the  amount  so  shown  to  be  due  the  city  as  such 
license  fee.  The  first  of  which  reports  shall  be  made 
three  months  after  said  company  shall  commence  the 
running  of  its  cars  over  said  tracks  and  bridge,  and  there- 
after quarter-yearly  during  the  continuance  of  the  license 
hereby  granted ;  provided,  that  the  license  fee  on  the  Mil- 
waukee avenue  and  Lake  street  cars  is  to  be  paid  from 
the  time  they  commence  crossing  the  river  at  Lake  street. 


89 

SEC.  8.  If  the  said  company  shall  at  any  time  fail  or 
refuse  to  comply  with  any  of  the  provisions  of  this  ordi- 
nance, after  thirty  days'  notice  from  the  commissioner 
of  public  works,  then  the  license  and  privileges  hereby 
granted  may,  upon  application  to  any  court,  be  declared 
forfeited. 

SEC.  9.  Over  the  extension  from  Rockwell  street  to 
Central  Park,  unless  prevented  by  causes  beyond  the  con- 
trol of  said  company,  cars  shall  be  run  as  often  as  every 
fifteen  minutes  during  business  hours,  and  a  car  shall 
leave  the  eastern  end  of  the  line  for  Central  Park  every 
evening  at  or  about  1 1  o'clock. 

SEC.  10.  This  ordinance  shall  take  effect  when  accept- 
ed by  said  railway  company,  but  such  acceptance  shall  be 
within  thirty  days  from  the  passage  thereof,  otherwise  it 
shall  be  null  and  void. 

(Special  Ordinances,  pp.  1357-60.) 


9o 


AN  ORDINANCE  TO  AUTHORIZE  THE  CHICAGO  WEST  Dl- 
VISION  RAILWAY  COMPANY  TO  EXTEND  ITS  STREET 
RAILWAY  TRACKS  ON  OcDEN  AVENUE.  (Passed  Feb- 
ruary 7,  1881.) 

Be  it   Ordained  by   the  City  Council  of  the  City  of 

Chicago : 

SECTION  i.  That  the  Chicago  West  Division  Railway 
Company,  its  successors  and  assigns,  is  hereby  granted 
permission  and  consent  to  construct,  maintain  and  operate 
a  single  or  double-track  extension  of  its  railway  on  Ogden 
avenue  from  its  present  terminus  at  or  near  Western  ave- 
nue to  the  western  limits  of  the  City  of  Chicago,  with 
all  necessary  turn-outs,  switches  and  side-tracks,  for  a  pe- 
riod of  twenty  years  from  the  passage  of  this  ordinance, 
subject  to  the  provisions  embraced  and  contained  in  an 
ordinance  dated  February  28,  1876,  and  amendments 
thereto,  for  the  extension  of  tracks  on  Ogden  avenue,  and 
with  all  the  privileges  applicable  to  the  line  of  said  com- 
pany on  Ogden  avenue,  from  Madison  street  to  Western 
avenue,  and  to  the  other  and  further  conditions  and  pro- 
visions hereinafter  mentioned.  . 

SEC.  2.  Said  permission  and  consent  to  extend  shall 
be  conditional  upon  the  acceptance  by  said  Chicago  West 
Division  Railway  Company  of  this  ordinance  within  ten 
days  after  its  passage  and  approval  by  the  mayor,  and 
their  agreement  to  comply  with  all  its  conditions,  and 
upon  the  further  condition  that  said  tracks  shall  be  laid 
and  in  actual  operation  from  Western  avenue  to  the  west- 
ern line  of  Douglas  Park  on  or  before  the  first  day  of 
June,  1 88 1,  and  from  the  western  line  of  Douglas  Park 
to  Lawndale  as  soon  as  the  same  can  be  constructed,  op- 
erated and  kept  in  repair  without  actual  loss. 


SEC.  3.  The  right  to  construct  and  operate  said  rail- 
ways through  Douglas  Park  shall  be  subject  to  the  con- 
sent of  the  West  Chicago  Park  Commissioners. 

SEC.  4.  The  said  tracks  hereby  authorized  shall  be 
deemed  an  extension  of  the  line  now  operated  on  Ogden 
avenue,  and  no  additional  fare  shall  be  charged  over  the 
line  so  extended  by  virtue  of  this  ordinance. 

SEC.  5.  The  said  Chicago  West  Division  Railway 
Company,  its  successors  or  assigns,  shall,  as  respects  the 
grading,  paving,  macadamizing,  filling  or  planking  of 
said  Ogden  avenue,  upon  which  they  shall  construct  said 
railways,  or  any  of  them,  keep  sixteen  feet  in  width  where 
a  double  track  is  used,  and  eight  feet  in  width  where  a 
single  track  is  used,  in  good  repair  and  condition,  so  that 
wagons,  carriages  and  other  vehicles  can  pass  and  repass 
at  any  and  all  points,  and  in  any  and  all  directions.  And 
when  any  new  improvements,  filling,  paving,  repaving, 
macadamizing  or  planking  is  ordered  by  the  city  council 
in  said  Ogden  avenue,  said  railway  company  shall,  in  like 
manner  and  with  like  material  as  is  required  of  the  owners 
of  the  property,  as  to  other  contiguous  parts  of  said  ave- 
nue in  which  said  railways  shall  be  constructed,  make 
such  new  improvements  on  eight  feet  in  width,  where  a 
single  track  is  used,  and  sixteen  feet  in  width,  where  a 
double  track  is  used,  and  if  the  said  railway  company 
shall  refuse  or  neglect  to  make  such  new  improvement 
within  a  reasonable  time,  to  be  fixed  by  the  ordinance  or- 
dering the  same,  the  work  may  be  done  by  the  City  of 
Chicago  and  the  cost  thereof  assessed  upon  said  company 
and  collected  as  other  assessments  from  any  real  or  per- 
sonal property  of  said  company. 

SEC.  6.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

(Special  Ordinances,  pp.  1360-1.) 


92 


AN  ORDINANCE  GRANTING  AUTHORITY  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  OPERATE 
UPON  AND  ALONG  LEAVITT  STREET,  FROM  CHICAGO 
AVENUE  TO  INDIANA  STREET.  (Passed  July  17,  1882.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  hereof, 
authority  is  hereby  granted  and  duly  vested  in  said  com- 
pany, its  successors  and  assigns,  to  construct,  maintain 
and  operate  a  single  or  double  track  street  railway,  with 
all  necessary  side-tracks,  curves  and  turn-outs,  for  a  pe- 
riod of  twenty  years  from  the  passage  hereof,  upon,  in 
and  along  Leavitt  street,  from  the  tracks  of  said  company 
on  Chicago  avenue,  to  connect  with  the  tracks  of  said 
company  on  Indiana  street,  upon  the  same  terms  and  con- 
ditions, and  with  the  same  rights  and  privileges  as  are 
applicable  by  existing  ordinances  to  the  tracks  on  said 
Chicago  avenue  and  Indiana  street,  the  same  to  be  com- 
pleted within  sixty  days  following  the  passage  of  this 
ordinance. 

SEC.  2.  Unless  the  said  railway  track  shall  be  laid  and 
completed  within  sixty  days  from  the  passage  of  this  or- 
dinance all  rights  and  privileges  hereby  granted  shall  ut- 
terly cease  and  determine,  and  the  rights,  respectively,  of 
the  City  of  Chicago  and  the  Chicago  West  Division  Rail- 
way Company  shall  be  as  if  said  ordinance  had  never 
passed. 

(Special  Ordinances,  p.  1362.) 


AN  ORDINANCE  RELATING  TO  THE  ANNUAL  LICENSE  FEE 
TO  BE  PAID  BY  VARIOUS  STREET  RAILWAY  COMPANIES 
AND  THE  MANNER  OF  COMPUTING  AND  ARRIVING  AT 
THE  AMOUNT  AND  ALSO  EXTENDING  THE  TIME  FOR 
THE  OPERATION  OF  THE  SEVERAL  LINES  TWENTY  YEARS. 

(Passed  July  30,  1883.  Accepted  by  North  Chicago 
City  Railway  company  August  8,  1883;  by  the  Chi- 
cago City  Railway  company  and  by  the  Chicago  West 
Division  Railway  company  August  10,  1883.) 

i.  Annual  license  fee,  how  computed.]  Be  it  or- 
dained by  the  city  council  of  the  city  of  Chicago:  §  i. 
That  each  one  of  the  corporations  known  as  the  Chicago 
City  Railway  Company,  the  North  Chicago  City  Railway 
Company  and  the  Chicago  West  Division  Railway  Com- 
pany shall  pay  into  the  city  treasury  of  the  city  of  Chi- 
cago, for  the  use  of  the  said  city,  the  sum  of  fifty  dollars, 
as  an  annual  license  fee,  for  each  and  every  car  used  by 
such  companies,  respectively,  in  the  manner  following: 
In  computing  the  number  of  cars  upon  which  such  license 
charge  may  be  imposed,  thirteen  round  trips,  when  a  car 
is  used  in  the  transportation  of  passengers,  shall  be  taken 
as  equivalent  to  one  day's  use  of  one  car.  One-thirteenth 
of  such  round  trips  during  each  quarter  shall  be  divided 
by  the  number  of  days  in  such  quarter;  such  quotient 
shall  be  the  number  of  cars  subject  to  such  license  fee. 
The  president  or  other  chief  officer  of  each  company  shall, 
under  oath,  make  a  report  quarter  yearly  to  the  comp- 
troller of  the  city  of  the  whole  number  of  cars  so  run 
by  said  company,  and  at  the  same  time  pay  to  said  comp- 
troller twelve  dollars  and  fifty  cents  for  each  car,  to  be 
ascertained  as  prescribed  by  this  section.  The  first  quar- 
ter shall  end  the  last  day  of  October  next,  and  the  report 


94 

shall  be  made  within  ten  days  after  the  end  of  each 
quarter. 

2.  Improvement  and  repair  of  streets.]     §  2.     Each 
one  of  said  railway  companies  shall  hereafter,  as  respects 
the  filling,  grading,  paving,  or  otherwise  improving  or 
repairing  the  streets  or  parts  of  streets  upon  which  it  has 
constructed  its  railways,  or  any  of  them,  fill,  grade,  pave, 
and  keep  in  good  repair  during  all  of  the  time  the  priv- 
ilege of  using  the  said  streets,  or  parts  of  streets,  shall 
extend  eight  feet  in  width  where  a  single  track  is  used, 
or  sixteen  feet  in  width  where  a  double  track  is  used,  the 
said  eight  or  sixteen  feet  to  include  the  railway  track  or 
tracks,  in  accordance  with  such  ordinances  as  the  city 
council  may  pass  respecting  such  filling,  grading,  paving 
or  repairing,  and  the  same  shall  be  done  by  the  railway 
companies  with  like  material,  in  like  manner,  and  at  the 
same  time  as  required  as  to  the  rest  of  said  street  not  em- 
braced in  the  eight  or  sixteen  feet  in  width,  except  that 
it  may  use  stone  as  now  authorized,  or  such  other  ma- 
terial as  may  hereafter  be  authorized  by  the  city  council 
of  said  city  for  the  space  between  the  rails  of  each  track, 
and  as  respects  the  crossing  of  the  tracks  of  any  one  or 
more  of  said  companies  over  a  bridge  or  viaduct,  or  ar>- 
proaches  thereto,  and  the  construction,  improvement,  or 
repair  of  the  same,  such  company  shall  only  be  required 
to  plank,  pave,  and  keep  in  good  repair  the  space  occu- 
pied by  its  track ;  the  planking  or  paving  to  be  done  in  the 
manner  to  be  agreed  upon  between  the  said  company  and 
the  commissioner  of  public  works. 

3.  Bond,  $50,000.]      §  3.     Each  of  said  companies 
shall  execute  to  the  city  a  bond  in  the  penal  sum  of  fifty 
thousand  (50,000)  dollars,  with  a  condition  that  if  said 
company  shall  faithfully  comply  with  this  ordinance  then 


95 

said  bond  shall  be  void,  otherwise  to  remain  in  full  force 
and  effect.  It  is  expressly  understood,  however,  that  the 
remedy  on  said  bonds,  or  any  of  them,  shall  be  consid- 
ered as  merely  cumulative,  and  that  the  said  city  may, 
notwithstanding  the  execution  of  said  bonds  or  any  of 
them,  have  the  same  remedies  against  each  of  said  com- 
panies as  it  would  or  might  have  if  no  such  bond  was 
executed. 

4.  Back  license  fees — costs  in  test  suits.]  §  4.  Said 
railway  companies  shall  each  respectively,  within  thirty 
days  from  the  passage  hereof,  pay  into  the  city  treasury 
a  sum  of  money  equal  to  twenty-five  dollars  per  car  per 
annum  for  each  car  used  by  said  companies,  respectively, 
from  the  first  day  of  April,  1878,  to  the  first  day  of 
August,  1883,  to  be  computed  and  verified  as  provided 
in  section  one  of  this  ordinance,  and  such  payment  and 
the  license  fee  herein  fixed  shall  be  in  lieu  of  all  other 
license  fees  to  be  paid  by  each  of  said  companies,  and  all 
other  taxes  excepting  such  taxes  upon  the  property  of 
said  companies,  respectively,  as  are  or  may  be  authorized 
by  general  law  of  the  legislature;  and  all  ordinances  here- 
tofore passed,  requiring  said  companies  to  pay  license 
fees  are  hereby  repealed,  and  said  railway  companies  and 
all  other  persons  are  hereby  discharged  from  all  liability 
upon  any  bonds  given  to  said  city  in  any  proceedings  in- 
volving the  validity  of  said  ordinance;  Provided,  how- 
ever, that  the  said  railway  companies  shall  pay  all  costs 
incurred  in  all  suits  between  the  said  railway  companies, 
and  each  of  them,  and  the  City  of  Chicago,  or  between  the 
owners  of  stock  or  stockholders  of  said  railway  com- 
panies, and  each  of  them,  and  the  City  of  Chicago,  and 
said  railway  companies,  or  any  of  them,  involving  the 
question  of  the  validity  of  a  certain  ordinance  of  said 


city,  passed  March  18,  1878,  imposing  an  annual  license 
fee  of  fifty  dollars  upon  each  car  operated  and  run,  or 
proposed  to  be  operated  and  run,  by  any  person,  firm, 
or  corporation  engaged  in  the  occupation  of  operating 
and  running  street  cars,  for  the  conveyance  of  passengers, 
upon  any  line  of  horse  or  city  railway  within  the  City  of 
Chicago,  and  shall  also  pay  all  the  fees  of  the  solicitors 
of  the  City  of  Chicago  in  and  concerning  said  litigation. 

5.  Extension   of   terms    of    certain    ordinances    20 
years.']     §  5.    Lr  consideration  of  the  acceptance  by  said 
companies  of  this  ordinance  and  the  several  covenants 
and  undertakings  herein  mentioned,  on  behalf  of  the  sev- 
eral city  railway  companies  mentioned  herein,  and  the 
execution  of  the  said  bonds,  permission  and  authority  is 
hereby  given  to  the  several   railway  companies  herein 
mentioned  respectively  to  use  and  operate,  for  twenty 
years  from  the  passage  hereof,  the  several  railways  now 
used  or  operated  by  said  companies,  or  either  of  them, 
or  now  authorized  to  be  used  and  operated;  but  nothing 
in  this  section  contained,  or  the  acceptance  hereof,  shall 
in  any  manner  impair,  change  or  alter  the  existing  rights, 
duties  and  obligations  of  the  city  or  of  said  companies 
respectively,  from  and  after  the  expiration  of  the  said 
term  of  years  hereinbefore  mentioned. 

6.  When   in   force-^bonds.]     §  6.     This   ordinance 
shall  take  effect  when  all  of  said  railway  companies  shall 
accept  the  same  and  execute  the  bonds  hereinbefore  men- 
tioned, and  file  the  same  in  the  office  of  the  city  comp- 
troller. 

(Special  Ordinances,  pp.  ppo-2.) 

See  following  amendatory  ordinance. 


97 


AN  ORDINANCE  AMENDING  AN  ORDINANCE  RELATING  TO 
THE  ANNUAL  LICENSE  FEE  TO  BE  PAID  BY  VARIOUS 
STREET  RAILWAY  COMPANIES  AND  THE  MANNER  OF 
COMPUTING  AND  ARRIVING  AT  THE  AMOUNT  AND  ALSO 
EXTENDING  THE  TIME  FOR  THE  OPERATION  OF  THE 
SEVERAL  LINES  TWENTY  YEARS,  PASSED  JULY  30,  1883. 

(Passed  August  6,  1883.  Accepted  by  North  Chicago 
City  Railway  company  August  8,  1883;  by  the  Chi- 
cago City  Railway  company  by  the  Chicago  West  Di- 
vision Railway  company  August  10,  1883.) 

1.  Amending  sections  4  and  5  of  foregoing  ordi- 
nance.']    Be  it  ordained  by  the  city  council  of  the  City 
of  Chicago :    That  sections  four  and  five  of  an  ordinance 
concerning  the  Chicago  City  Railway  Company,  the  North 
Chicago  City  Railway  Company,  and  the  Chicago  West 
Division  Railway  Company,  be  amended  so  as  to  read 
as  follows : 

2.  Section  4  as  amended.']     §  4.     Said  railway  com- 
panies shall  each,  respectively,  within  thirty  days  from 
the  passage  hereof,  pay  into  the  city  treasury  a  sum  of 
money  equal  to  $25  per  car  per  annum,  for  each  car  used 
by  said  companies,  respectively,   from  the  first  day  of 
April,  1878,  to  the  first  day  of  August,  1883,  to  be  com- 
puted and  verified  as  provided  in  section  i  of  this  ordi- 
nance, and  such  payment  and  the  license  fee  herein  fixed 
shall  be  in  lieu  of  all  other  license  fees  to  be  paid  by 
either  of  said  companies,  and  all  other  taxes  excepting 
such  taxes  upon  the  property  of  said  companies  respect- 
ively as  are  or  may  be  authorized  by  general  law  of  the 
legislature;  and  all  provisions  of  ordinances  heretofore 
passed  requiring  said  companies,  or  either  of  them,  to  pay 
license  fees,  are  hereby  repealed,  and  said  railway  com- 


98 

panics  and  all  other  persons  are  hereby  discharged  from 
all  liability  upon  any  bonds  given  to  said  city  in  any 
proceeding  involving  the  validity  of  said  ordinance;  Pro- 
vided, however,  that  the  said  railway  companies  shall 
pay  all  costs  incurred  in  all  suits  between  said  railway 
companies,  and  each  of  them,  and  the  city  of  Chicago, 
or  between  the  owners  of  stock,  or  stockholders,  of  said 
railway  companies,  and  each  of  them,  and  the  City  of 
Chicago,  and  said  railway  companies,  or  any  of  them, 
involving  the  question  of  the  validity  of  a  certain  ordi- 
nance of  said  city,  passed  March  18,  1878,  imposing  an 
annual  license  fee  of  fifty  (50)  dollars  upon  each  car 
operated  and  run,  or  proposed  to  be  operated  and  run, 
by  any  person,  firm  or  corporation  engaged  in  the  occu- 
pation of  operating  and  running  street  cars  for  the  con- 
veyance of  passengers,  upon  any  line  of  horse  or  city 
railway  within  the  city  of  Chicago,  and  shall  also  pay  all 
the  fees  of  the  solicitors  of  the  city  of  Chicago  in  and 
concerning  said  litigation. 

3.  Section  5  as  amended.]  §  5.  In  consideration 
of  the  acceptance  by  said  companies  of  this  ordinance  and 
the  several  covenants  and  undertakings  herein  mentioned, 
on  behalf  of  the  several  city  railway  companies  mentioned 
herein,  and  the  execution  of  the  said  bonds,  the  times 
named  for  the  operation  of  the  railways  now  used  or 
operated  by  either  of  said  railway  companies  in  the  ordi- 
nances heretofore  passed,  granting  permisison  and  au- 
thority to  construct,  maintain  and  operate  street  railways 
in  the  streets  of  said  city,  are  hereby  extended  twenty 
years  from  the  passage  hereof,  but  nothing  in  this  sec- 
tion contained,  or  the  acceptance  hereof,  shall  in  any  man- 
ner impair,  change  or  alter  the  existing  rights,  duties  and 
obligations  of  the  city,  or  of  said  companies  respectively, 


99 

from  and  after  the  expiration  of  the  said  term  of  years 
hereinbefore  mentioned. 

4.  When  in  force — bonds.]  §  6.  This  ordinance 
shall  take  effect  when  all  of  said  railway  companies  shall 
accept  the  same  and  execute  the  bonds  hereinbefore  men- 
tioned and  file  the  same  in  the  office  of  the  city  comp- 
troller. 

(Special  Ordinances,  pp.  992-3.°) 


100 


AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  CONSTRUCT 
AND  OPERATE  UPON  NOBLE  AND  SUNDRY  OTHER 
STREETS.  (Passed  May  n,  1885.  Accepted  June  15, 
1885.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

\.  Grant — route.']  §  i.  That  in  consideration  of 
the  acceptance  hereof,  and  the  undertaking  by  the  Chicago 
West  Division  Railway  Company  to  comply  with  the  pro- 
visions hereof  contained,  authority,  permission  and  con- 
sent are  hereby  given,  granted  and  duly  vested  in  said 
company,  its  successors  and  assigns,  to  construct,  operate 
and  maintain,  for  a  period  of  twenty  years  from  and  after 
the  passage  hereof,  a  single  or  double-track  horse  railway, 
with  all  the  necessary  turn-outs,  side-tracks,  switches  and 
curves,  in,  upon  and  along  the  following  named  part  of 
streets,  and  as  near  the  center  of  each  of  the  same  as  may 
be  practicable,  to-wit :  Noble  street,  from  its  intersection 
with  Milwaukee  avenue  northerly  to  Blackhawk  street, 
thence  westerly  on  Blackhawk  street  to  Holt  street,  thence 
northerly  on  Holt  street  to  North  avenue,  thence  westerly 
on  North  avenue  to  North  Ashland  avenue,  thence  north- 
erly on  North  Ashland  avenue  to  Clybourn  avenue,  thence 
westerly  on  Clybourn  avenue  to  the  west  line  of  Wood 
street. 

2.  Tracks — how  operated.]  §  2.  The  tracks  hereby 
authorized  shall  be  operated  in  connection  with  the  rail- 
ways of  said  company  now  operated  on  said  Milwaukee 
avenue  at  Noble  street,  and  shall  be  held  to  be  an  exten- 
sion thereof,  and  subject  to  the  laws  and  ordinances  now 


101 

in  force  applicable  thereto,  including  Sections  i  and  2  of 
the  ordinance  of  July  30,  1883,  except  as  herein  otherwise 
provided,  and  shall  be  completed  on  or  before  November 
i,  1885. 

3.  Fare,  passenger  traffic,  etc.]   §  3.  The  rate  of  fare 
for  any  distance  of  one  trip  on  the  same  car  shall  not  ex- 
ceed five  cents,  except  where  cars  or  carriages  shall  be 
chartered  for  special  purposes,  and  the  said  tracks  and 
railways  shall  be  used  for  the  transportation  of  passengers 
only,  and  the  cars  or  carriages  shall  be  of  the  same  style 
as  those  now  in  used  by  said  company. 

4.  Street  improvements,    repairs,    etc.]     §  4.  Con- 
sent and  authority  is  hereby  given  to  the  said  company  to 
pave  and  keep  in  repair  with  cobble  stone  the  railways 
herein  mentioned,  and  where  it  is  deemed  practicable,  in 
the  estimation  of  the  commissioner  of  public  works,  block 
stone  may  be  laid  outside  of  the  rails  on  that  portion  of 
the.  streets  required  to  be  paved  and  kept  in  repair  by  said 
company;  provided,  that  the  same  shall  be  done  to  the 
satisfaction  of  the  department  of  public  works. 

5.  Forfeiture.]     §  5.  If  the    said    company    fail   to 
complete  the  said  railways  hereby  authorized  at  the  time 
mentioned  and  provided,  and  according  to  the  conditions 
prescribed  herein,  then  the  rights  and  privileges  granted 
by  virtue  hereof  shall  be  and  become  void ;  provided,  that 
if  the  said  company  is  delayed  by  the  writ  or  order  of  any 
court,  the  time  of  such  delay  shall  be  excluded  from  the 
time  above  prescribed  for  completing  the  same. 

6.  When  to  take  effect.]     §  6.  This  ordinance  shall 
be  in  force  on  and  after  its  passage  and  acceptance  by  the 
said  railway  company. 

(Special  Ordinances,  pp.  1363-4.) 


IO2 


AN  ORDINANCE  GIVING  CONSENT  TO  THE  CHICAGO  WEST 
DIVISION  RAILWAY  COMPANY  TO  CONSTRUCT  AND  OP- 
ERATE A  RAILWAY  UPON  DIVISION  STREET,  FROM  MIL- 
WAUKEE AVENUE  TO  2OO  FEET  WEST  OF  CALIFORNIA 

AVENUE.     (Passed  December  7,  1885.     Accepted  De- 
cember 31,  1885.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

1.  West  Division  street  extension.]     §   i.  That   in 
consideration  of  the  acceptance  hereof,  and  tfie  undertak- 
ing of  the  Chicago  West  Division  Railway  Company  to 
comply  with  the  provisions  herein   contained,   authority, 
permission  and  consent  are  hereby   given,   granted   and 
duly  vested  in  said  company,  its  successors  and  assigns, 
to  construct,  operate  and  maintain,  for  a  period  of  twenty 
years  from  and  after  the  passage  hereof,  a  single  or  dou- 
ble-track horse  railway,  with  all  the  necessary  turn-outs, 
side-tracks,  switches  and  curves  in,  upon  and  along  West 
Division  street,  and  as  near  the  center  of  said  street  and 
its  intersection  with  Milwaukee  avenue  as  practicable, 
from  Milwaukee  avenue  to  a  point  200  feet  west  of  Cali- 
fornia avenue. 

2.  Tracks,    how    operated,    etc.]     §  2.  The    tracks 
hereby  authorized  shall  be  operated  in  connection  with 
the  railways  of  said  company  now  operated  on  said  Mil- 
waukee avenue  at  Division  street,  and  shall  be  held  to  be 
an  extension  thereof,  and  subject  to  the  laws  and  ordi- 
nances now  in  force  applicable  thereto1,  including  Sections 
i  and  2  of  the  ordinance  of  July  30,  1883,  except  as 
herein  otherwise  provided,  and  shall  be  completed  on  or 
before  July  i,  1886. 


103 

3.  Fare — passenger  transportation  only.]     §  3.  The 
rate  of  fare  for  any  distance  of  one  trip  on  the  same  car 
shall  not  exceed  five  cents,  except  where  cars  or  carriages 
shall  be  chartered  for  special  purposes,  and  the  said  tracks 
and  railways  shall  be  used  for  the  transportation  of  pas- 
sengers only,  and  the  cars  or  carriages  shall  be  of  the 
same  style  as  those  now  in  use  by  said  company. 

4.  Street  improvements,  repairs,  etc.]     §  4.  Consent 
and  authority  is  hereby  given  to  the  said  company  to  pave 
and  keep  in  repair,  with  cobblestone,  the  railways  herein 
mentioned,  and  where  it  is  deemed  practicable,  in  the  es- 
timation of  the  commissioner  of  public  works,  block  stone 
may  be  laid  outside  of  the  rails  on  that  portion  of  the 
streets  required  to  be  paved  and  kept  in  repair  by  said 
company;  provided,  that  the  same  shall  be  done  to  the 
satisfaction  of  the  department  of  public  works. 

5.  Forfeiture.]     §  5.  If  the  said    company    fail    to 
complete  the  said  railways  hereby  authorized  at  the  time 
mentioned  and  provided,  and  according  to  the  conditions 
prescribed  herein,  the  rights  and  privileges  granted  by 
virtue  hereof  may  be  declared  void ;  provided,  that  if  the 
said  company  is  delayed  by_the  writ  or  order  of  any  court, 
the  time  of  such  delay  shall  be  excluded  from  the  time 
above  described  for  completing  the  same. 

6.  When  in  force.]     §  6.  This  ordinance  shall  be  in 
force  from  and  after  its  passage  and  acceptance  by  the 
said  railway  company. 

(Special  Ordinances,  pp.  1365-6.) 


AN  ORDINANCE  GRANTING  CONSENT  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  MAINTAIN 
AND  OPERATE  TRACKS  ON  EIGHTEENTH  STREET. 
(Passed  December  7,  1885.  Accepted  December  31, 
1885.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago  : 

1.  Eighteenth  street  and  Blue  Island  avenue  exten- 
sion.'}    §   i.  That    in    consideration   of    the   acceptance 
hereof,  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  herein 
contained,  authority  and  consent  are  hereby  given  to  said 
railway  company  to  construct,  maintain  and  operate,  for 
a  period  of  twenty  years  from  the  passage  hereof,  a  dou- 
ble-track street  railway,  with  all  the  necessary  and  conven- 
ient curves,  side-tracks,  switches  and  turn  tables,  to-wit: 
connecting  with  the  tracks  of  said  company  on  Halsted 
street  as  an  extension  thereof,  thence  westerly  on  and 
along  Eighteenth  street  to  Blue  Island  avenue,  and  con- 
necting with  the  tracks  thereon,  thence  westerly  on  the 
said  Eighteenth  street  to  Oakley  avenue. 

2.  Animal   power — passenger    transportation    only.] 
§  2.  The  railways  hereby  authorized  shall  be  operated 
by  animal  power  only,  and  shall  be  used  for  the  transpor- 
tation of  passengers  and  their  ordinary  luggage  only,  and 
shall  be  laid  as  near  the  center  of  the  street  as  may  be 
practicable,  and  not  nearer  than  twelve  feet  of  the  side- 
walk, except  in  turning  street  corners,  and  then  no  nearer 
than  may  be  necessary  to  make  the  required  curves. 

3.  Street  improvements,  repairs,  etc.]     §  3.  The  said 
company,  as  to  the  grading,  paving,  macadamizing,  fill- 


ing,  repairing  or  using  of  said  streets,  upon  which  shall 
be  constructed  said  railways,  or  any  of  them,  shall  keep 
sixteen  feet  in  width  in  good  repair  and  condition  during 
all  the  time  to  which  the  privileges  hereby  granted  shall 
extend,  in  accordance  with  whatever  order  or  regulation 
respecting  such  filling,  grading,  paving  or  repairing  as 
may  be  passed  or  adopted  by  the  city  council;  and  when 
any  repairing,  planking,  filling  or  other  improvement  of 
like  character  shall  be  ordered  by  the  city  council  thereon, 
said  company  shall,  in  the  manner  required  by  the  city 
authorities  of  the  owners  of  property  fronting  on  said 
streets,  make  such  new  improvements  for  the  width  of 
sixteen  feet,  where  two  tracks  are  laid,  and  eight  feet 
where  one  track  is  laid ;  and  if  said  company  fails  so  to  do, 
the  same  may  be  done  by  the  city  and  the  cost  thereof  col- 
lected of  said  company. 

4.  Tracks,  requirements  as  to.~\   §  4.  The  tracks  here- 
by authorized  shall  be  laid  with  modern  improved  rails, 
and  shall  not  be  laid  above  the  surface  of  the  street,  and 
shall  be  so  laid  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  at  any  and  all  points,  and  in  any  and  all 
directions;  said  tracks  shall  be  laid  and  the  railway  in 
operation  between  Halsted  street  and  Ashland  avenue  by 
the  first  day  of  July,  1886,  and  between  Ashland"  avenue 
and  Oakley  avenue  as  soon  as  that  part  of  Eighteenth 
street  is  paved,  and  said  company  shall  pay  its  proportion 
of  the  cost  of  said  paving,  in  accordance  with  the  terms 
of  Section  3  hereof. 

5.  Fare,  continuous  passage.]     §  5.  The  rate  of  fare 
shall  not  exceed  five  cents  for  each  passenger  for  any  con- 
tinuous passage  of  one  trip  upon  the  line  of  said  company 
as  extended  under  this  ordinance,  except  where  cars  may 
be  chartered  for  some  specific  purpose. 


6.  Fifty  dollars  license  fee  per  car.]     §  6.  The  provi- 
sion of  Section  i  of  an  ordinance  entitled  "An  ordinance 
concerning  street  railways  in  the  City  of  Chicago,"  passed 
July  30,  1883,  and  the  license  fee  of  $50  per  car,  as  there- 
in imposed,  shall  extend  to  the  cars  to  be  operated  on  the 
railways  hereby  authorized. 

7.  Street  improvements,  conditions,  etc.]     §  7-  The 
privileges  hereby  granted  are  upon  the  further  express 
condition  that  said  railway  company  shall  first  pay  to  the 
city,  for  the  use  of  those  paying  the  assessment  therefor, 
an  amount  equal  to  the  cost  of  paving  a  strip  sixteen  feet 
in  width  (which  shall  include  the  tracks  hereby  author- 
ized), of  the  paving  already  laid  on  Eighteenth  street 
from  Halsted  street  to  Ashland  avenue,  and  that  the  track 
shall  be  laid  between  Ashland  and  Oakley  avenues,  as 
nearly  as  may  be,  at  the  time  the  same  is  paved. 

8.  Forfeiture.]     §  8.  If  said  company  shall  fail  to 
comply  with  any  of  the  terms  and  conditions  of  this  ordi- 
nance, or  to  complete  its  railway  as  prescribed  by  Section 
4  hereof,  the  rights  and  privileges  hereby  granted  may  be 
declared  null  and  void. 

9.  When  in  force.]      §  9.  This  ordinance  shall  take 
effect  upon  said  company  filing  with  the  city  clerk  its  ac- 
ceptance of  the  same  and  agreement  to  comply  with  its 
provisions,  provided  such  acceptance  shall  be  filed  within 
thirty  (30)   days  of  the  passage  hereof,  otherwise  this 
ordinance  to  be  void  and  of  no  effect. 

(Special  Ordinances,  pp.  1366-7.) 


107 


AN  ORDINANCE  GIVING  AUTHORITY  AND  CONSENT  TO  THE 
CHICAGO  WEST  DIVISION  RAILWAY  COMPANY  TO  EX- 
TEND ITS  TRACKS  IN  AND  UPON  VAN  BuREN  STREET. 

(Passed  December  7,   1885.     Accepted  December  21, 
1885.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

i.  Van  Bur  en  street  extension  west.]  §  I.  That  au- 
thority and  consent  are  hereby  granted  to  the  Chicago 
West  Division  Railway  Company  and  its  successors  to 
construct,  maintain  and  operate,  for  a  period  of  twenty 
years  from  and  after  the  passage  hereof,  an  extension  of 
its  tracks  now  operated  on  Van  Buren  street,  to-wit :  A 
double  track  street  railway,  with  all  necessary  curves, 
switches  and  turn-outs,  commencing  at  Western  avenue 
at  its  intersection  with  Van  Buren  street,  and  connecting 
with  the  tracks  of  said  company  thereat,  and  extending 
westerly  in,  on  and  along  Van  Buren  street,  and  as  near 
the  center  thereof  as  may  be  practicable,  to  the  west  line 
of  Kedzie  avenue. 

22.  Terms  and  conditions.]  §  2.  The  rights  and 
privileges  hereby  granted  shall  be  subject,  except  as  here- 
in otherwise  provided,  to  the  like  terms  and  conditions  as 
provided  by  the  ordinances  heretofore  passed,  granting 
the  rights  to  construct,  maintain  and  operate  the  tracks 
of  said  company  on  Van  Buren  street,  east  of  Western 
avenue,  including  also  the  provisions  of  Sections  i  and 
2  of  an  ordinance  entitled  "An  ordinance  concerning 
street  railways  in  the  City  of  Chicago,"  passed  July  30, 
1883. 

3.  Improvements  of  streets,  etc.]  §  3.  The  tracks 
hereby  authorized  shall  be  laid  as  soon  as  the  street  where- 


io8 

in  said  tracks  are  to  be  laid  shall  be  paved,  and  the  laying 
of  the  tracks  shall  proceed  with  said  paving; 

Provided,  further,  that  said  company  shall  pay  its  pro- 
portion of  the  cost  of  said  paving  in  accordance  with  the 
provisions  of  Section  2  hereof. 

4.  When  to  take  effect. ~\  §  4.  This  ordinance  shall 
be  in  force  from  and  after  its  passage  and  acceptance  by 
said  railway  company,  provided  such  acceptance  shall  be 
filed  with  the  city  clerk  within  thirty  (30)  days  from  and 
after  the  passage  hereof;  otherwise  this  ordinance  to  be 
void  and  of  no  effect. 

(Special  Ordinances,  p.  1368.) 


109 


AN  ORDINANCE  VESTING  AUTHORITY  IN  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  MAINTAIN 
AND  OPERATE  TRACKS  ON  EIGHTEENTH  STREET,  ETC. 
(Passed  December  9,  1885.  Accepted  December  31, 

1885.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

1.  Grant  extended.'}     §   i.  That  in  consideration  of 
the  acceptance  hereof,  and  the  undertaking  of  the  Chicago 
West  Division  Railway  Company  to  comply  with  the  pro- 
vision herein  contained,  authority,  permission  and  con- 
sent are  hereby  given,  granted  and  duly  vested  in  said 
company,  its  successors  and  assigns,  to  construct,  main- 
tain and  operate,  for  a  period  of  twentv  years  from  and 
after  the  passage  hereof,  a  single  or  double-track  horse 
railroad,  with  necessary  turn-outs,  switches,  side-tracks 
and  curves,  in,  upon  and  along  the  following  named  parts 
of  streets,  and  as  near  the  center  thereof  as  is  practicable, 
viz. :  On  Leavitt  street,  from  a  connection  with  the  tracks 
of  said  company  about  to  be  laid  on  Eighteenth  street, 
and  as  an  extension  thereof,  thence  south  on  said  Leavitt 
street  to  a  connection  with  the  tracks  of  said  company  on 
Blue  Island  avenue,  and  on  Ogden  avenue,  from  a  connec- 
tion with  the  tracks  of  said  company  on  Madison  street 
and  Ogden  avenue  to  a  connection  with  the  tracks  of  said 
company  on  Randolph  street,  and  the  tracks  hereby  au- 
thorized shall  be  completed  on  or  before  the  first  day  of 
July,  1886. 

2.  Tracks. ~\     §  2.  The  tracks  hereby  authorized  on 
Ogden  avenue  shall  be  held  and  construed  to  be  an  exten- 
sion of  the  tracks  of  said  company  now  operated  on  Og- 
den avenue,  and  shall  be  subject  to  the  laws  and  ordi- 


nances  now  in  force  applicable  thereto,  including  Sections 
i  and  2  of  an  ordinance  passed  July  30,  1883,  entitled 
"An  ordinance  concerning  street  railways  in  the  City  of 
Chicago." 

3.  Extension.]     §  3.  The  tracks   hereby   authorized 
on  Leavitt  street  shall  be  held  and  construed  to  be  an  ex- 
tension of  the  tracks  of  said  company  now  authorized  or 
hereafter  to  be  authorized,  to  be  constructed  on  Eight- 
eenth street,  and  shall  be  subject  to  like  provisions  respect- 
ing the  tracks  authorized  or  to  be   authorized   on   said 
Eighteenth  street. 

4.  Fare — passenger  transportation  only.]     §  4.    The 
rate  of  fare  on  the  cars  operated  on  the  tracks  hereby  au- 
thorized and  the  lines  connecting  therewith  shall  not  ex- 
ceed five  cents  for  each  passenger  for  any  continuous 
passage  of  one  trip  on  the  same  car,  except  where  cars 
may  be  chartered  for  some  specific  purpose;  and  the  cars 
shall  be  used  for  the  transportation  of  passengers  and 
their  ordinary  baggage  only. 

5.  Forfeiture.]     §  5.  If  the  said  company    fails   to 
complete  the  railways  hereby  authorized  at  the  time  men- 
tioned and  provided  and  according  to  the  conditions  pre- 
scribed herein,  the  rights  and  privileges  granted  by  virtue 
hereof  may  be  declared  null  and  void;  provided,  that  if 
said  company  is  delayed  by  the  writ  or  order  of  any  court, 
the  time  of  such  delay  shall  be  excluded  from  the  time 
above  prescribed  for  completing  the  same. 

6.  When  in  force.'}     §  6.  This  ordinance  shall  be  in 
force  from  and  after  its  passage  and  acceptance  by  said 
company. 

(Special  Ordinances,  pp.  1369-70.) 


Ill 


AN  ORDINANCE  GRANTING  AUTHORITY  TO  THE  NORTH 
CHICAGO  CITY  RAILWAY  COMPANY  AND  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  MAKE  CON- 
NECTION BETWEEN  THEIR  LINES  ON  NORTH  HALSTED 

STREET  BRIDGE.     (Passed  March  i,  1886.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

i.  Joint  grant — term — rate  of  fare.'}  §  i.  That  in 
consideration  of  the  acceptance  hereof  and  the  undertak- 
ing of  the  North  Chicago  City  Railway  Company  and 
the  Chicago  West  Division  Railway  Company,  respect- 
ively to  comply  with  the  provisions  herein  contained,  per- 
mission and  authority  is  hereby  given  to  the  North  Chi- 
cago City  Railway  Company  to  construct,  maintain  and 
operate  a  double-track  railway  on  North  Halsted  street, 
with  all  the  necessary  side-tracks,  turn-outs  and  switches, 
from  the  intersection  of  said  Halsted  street  with  Clybourn 
avenue,  on  and  along  said  Halsted  street,  to  the  center  of 
the  north  branch  of  the  Chicago  river,  at  such  points  and 
in  such  way  that  they  make  connections  with  the  tracks 
of  the  Chicago  West  Division  Railway  Company  at  such 
center  of  the  river,  thereby  making  continuous  lines  of 
railways  on  North  Halsted  street  between  the  north  and 
west  divisions  of  said  city,  and  for  this  purpose  the  last- 
named  company  is  hereby  authorized  to  construct,  main- 
tain and  operate  a  double-track  railway,  with  all  the  nec- 
essary side-tracks,  turn-outs  and  switches,  from  the  pres- 
ent point  of  intersection  of  the  tracks  of  the  last-named 
company  on  North  Halsted  street  with  Indiana  street,  in 
and  along  North  Halsted  street  to  the  center  of  the  north 
branch  of  the  Chicago  river,  and  said  companies  may, 
respectively,  maintain  and  operate,  jointly  or  separately, 


112 

as  they  may  agree,  said  railway  tracks  upon  the  terms 
and  conditions  and  subject  to  the  restrictions  mentioned 
in  this  ordinance,  for  the  period  of  twenty  years  after 
the  passage  hereof ;  and  the  rate  of  fare  for  any  distance 
on  the  cars  of  said  companies,  operated  on  the  tracks 
hereby  authorized  or  heretofore  constructed  or  authorized 
to  be  constructed  on  said  North  Halsted  street,  shall  not 
exceed  five  cents  for  each  passenger  for  any  continuous 
passage  of  one  ride;  and  when  any  car  on  said  North  Hal- 
sted street  shall  not  run  for  the  full  length  of  the  tracks 
used  by  either  or  both  of  said  companies,  a  transfer  ticket 
shall  be  given  to  each  passenger  who  shall  have  paid  fare, 
and  shall  request  the  same,  which  shall  be  good  to  such 
passenger  for  the  fare,  if  presented  at  the  next  following 
car,  at  the  place  of  such  transfer,  in  any  other  Halsted 
street  car,  running  on  North  and  South  Halsted  street, 
in  the  same  direction,  and  not  otherwise,  so  as  to  make 
the  fare  five  cents  for  a  continuous  passage  in  the  same 
direction  on  North  and  South  Halsted  street. 

2.  Tracks,  how  laid.]     §  2.  The  tracks  hereby  au- 
thorized shall  be  laid  as  near  the  center  of  the  street  as 
may  be  practicable,  and  the  cars  to  be  used  shall  be  equal 
to  those  now  in  use  by  said  companies,  and  shall  be  used 
for  no  other  purpose  than  the  transportation  of  passengers 
and  their  ordinary  luggage,  and  shall  be  operated  by  ani- 
mal power,  and  not  otherwise. 

3.  Twne  of  completion. ~\     §  3.    The  tracks  hereby  au- 
thorized shall  be  completed  before  the  first  day  of  Novem- 
ber, 1888;  provided,  however,  that  if  the  said  companies, 
or  either  of  them,  shall  be  delayed  by  the  order  or  writ 
of  any  court  from  proceeding  with  the  work,  suitable 
time,  equal  to  the  time  of  such  delay,  shall  be  added  to 
the  time  herein  prescribed  for   the   completion    of   said 


tracks;  but  if,  otherwise,  the  said  companies,  or  either 
of  them,  shall  fail  to  complete  the  said  tracks  within  the 
time  mentioned,  the  city  may  revoke  the  authority  so  far 

as  such  tracks  are  not  completed. 

-• 

4.  License  fee.]     §  4.  Each  of  said  companies,  re- 
specting the  license  fees  which  may  be  respectively  im- 
posed on  said  companies  or  on  the  cars  operated  on  the 
tracks  hereby  authorized,  shall  be  subject  to  the  provisions 
of  Section  i  of  an  ordinance  entitled  "An  ordinance  con- 
cerning street  railways  in  the  City  of  Chicago,"  passed 
July  30,   1883,  and  approved  by  the  mayor  August  6, 
1883. 

5.  Street  improvements,    repairs,     etc.]     §  5.  Said 
companies,  respectively,  as  respects  the  grading,  paving, 
macadamizing,  filling  or  planking  of  said  North  Halsted 
street,  or  parts  thereof,  upon  which  they  shall  construct 
their  said  railways,  or  any  of  them,  shall  keep  sixteen  feet 
in  width,  including  the  tracks,  in  good  repair  and  condi- 
tion during  all  the  time  to  which  the  privileges  hereby 
granted  shall  extend,  in  accordance  with  whatever  order 
or  regulation  respecting  the  ordinary  repairs  thereof  may 
be  passed  or  adopted  by  the  city  council;  and  when  any 
new  improvements  shall  be  ordered  by  the  city  council 
thereon,  the  said  companies  shall,  respectively,  make  such 
new  improvements  with  like  materials  and  in  like  manner 
and  at  the  same  time  as  required  as  to  the  rest  of  the 
street  not  embraced  in  the  sixteen  feet,  except  that  they 
may  use  stone  as  now  authorized,  or  such  other  material 
as  may  be  hereafter  authorized  by  the  city  council  of  said 
city  for  the  space  between  the  rails  of  said  tracks,  and  as 
respects  the  crossing  of  the  tracks  of  said  companies,  or 
either  of  them,  over  a  bridge  or  viaduct,  or  approaches 
thereto,  and  the  construction,  improvement  or  repair  of 


the  same,  such  company  shall  only  be  required  to  plank 
or  pave  and  keep  in  repair  the  space  occupied  by  its  tracks, 
the  planking  or  paving  to  be  done  in  the  manner  to  be 
agreed  upon  between  such  company  and  the  commissioner 
of  public  works. 

6.  When  to  take  effect.']  §  6.  This  ordinance  shall 
take  effect  when  it  shall  have  been  accepted  by  said  rail- 
way companies;  provided,  the  same  shall  be  accepted 
within  thirty  days  after  its  passage. 

(Special  Ordinances,  pp.  1445-7.) 


AN    ORDINANCE  AUTHORIZING  THE   CHICAGO   WEST    Dl- 

VISION  RAILWAY  COMPANY  TO   CONSTRUCT   AND  OP- 
ERATE RAILWAY  TRACKS  ON  LAKE  STREET,,  FROM   Ho- 

MAN  TO  CRAWFORD  AVENUES.  (Passed  July  15,  1886.) 

Be  it   Ordained   by   the   City   Council   of   the   City   of 
Chicago: 

1.  Grant  extended — Lake  street,  etc.']     §   i.  That  in 
consideration  of  the  acceptance  hereof  and  the  undertak- 
ing of  the  Chicago  West  Division  Railway  Company  to 
comply  with  the  provisions  herein  contained,  consent  and 
authority  are  hereby  given  to  said  railway  company,  its 
successors  and  assigns,  to  construct,   maintain   and   op- 
erate, for  a  period  of  twenty  years  from  and  after  the 
passage  hereof,  subject  to  the  conditions  and  restrictions 
herein  contained,  a  double-track  railway,  with  all  the  nec- 
essary curves,  side-tracks  and  switches,  from  and  connect- 
ing with  the  tracks  of  said  company  now  laid  on  said  Lake 
street  at  Homan  avenue,  in,  on  and  along  said  Lake  street 
westerly  to  Crawford  avenue,  and  also  tracks  connecting 
said  tracks  hereby  authorized  with  the  car  houses  and 
stables  of  said  company  now  constructed  or  hereafter  to 
be  constructed,  on  lots  i  and  2  of  the  Superior  Court  par- 
tition of  the  southwest  quarter  of  Section  1 1 ,  of  township 
No.  39,  in  said  city. 

2.  Tracks,  cars,  etc. — passenger  transportation  only.~\ 
§  2.  The  tracks  hereby  authorized  shall  be  laid  as  near 
the  center  of  said  Lake  street  as  may  be  practicable;  and 
the  cars  to  be  used  shall  be  equal  to  those  now  in  use  by 
said  company,  and  shall  be  used  for  no  other  purpose  than 
the  transportation  of  passengers  and  their  ordinary  lug- 
gage, and  shall  be  operated  by  animal  power  only. 


n6 

3.  Street  improvements,  repairs,    etc.]     §  3.     Said 
railway  company,  as  respects  the  grading,  paving,  macad- 
amizing, filling  or  planking  of  said  Lake  street,  or  parts 
thereof,  where  it  shall  have  constructed  its  said  tracks, 
hereby  authorized,  shall  keep  sixteen  feet  in  width,  which 
shall  include  its  said  tracks,  in  good  repair  and  condition 
during  all  the  time  to  which  the  privileges  hereby  granted 
shall  extend,  in  accordance  with  whatever  order  or  regu- 
lation respecting  the  ordinary  repairs    thereof    may    be 
passed  or  adopted  by  the  city  council ;  and  when  any  new 
improvements  of  like  character  shall  be  ordered  by  the 
city  council  thereon  said  company  shall  make  such  new 
improvements  for  the  said  sixteen  feet,  with  like  mate- 
rials and  in  like  manner,  and  at  the  same  time  as  required 
as  to  the  rest  of  such  part  or  parts  of  said  Lake  street  now 
embraced  in  the  sixteen  feet  (except  that  it  may  use  stone, 
as  now  authorized,  or  such  other  materials  as  may  be 
hereafter  authorized  by  the  city  council  of  said  city  for 
the  space  between  the  rails  of  said  tracks),  and  if  said 
company  shall  fail  to  do  so,  then  the  city  may  make  such 
improvement  for  said  sixteen  feet  and  collect  the  costs 
thereof  from  said  company;  and  as  respects  the  crossing 
of  the  said  tracks  hereby  authorized  over  a  bridge  or  via- 
duct, or  approaches  thereto,   and   the   construction,   im- 
provement or  repairs  of  the  same,  said  company  shall  only 
be  required  to  plank  or  pave  and  keep  in  repair  the  space 
occupied  by  its  tracks,  the  planking  or  paving  to  be  done 
in  a  manner  to  be  agreed  upon  between  said  company  and 
the  commissioner  of  public  works. 

4.  Fare,  running  time,  etc.]     §  4.     The  rate  of  fare 
shall  not  exceed  five  cents  for  each  passenger  for  any 
continuous  passage  on  the  entire  Lake  street  line,  except 
where  cars  may  be  chartered  for  some  specified  purpose. 
All  cars  run  on  said  Lake  street  line  to  Homan  avenue 


IT; 

shall,  when  the  line  hereby  authorized  is  completed,  be 
run  to  Crawford  avenue  every  twelve  minutes  or  less. 

5.  License  fee  for  cars.]     §5.    Said  railway  company, 
respecting  the  license  fees  which  may  be  imposed  on  said 
company,  or  on  the  cars  operated  on  the  tracks  hereby 
authorized,  shall  be  subject  to  the  provisions  of  section 
one  of  an  ordinance,   entitled,  "An  ordinance  concern- 
ing street  railways  in  the  City  of  Chicago,"  passed  July 
30,  1883,  and  approved  by  the  mayor  August  6,  1883. 

6.  Time  for  construction  limited.]     6.  §      The  said 
tracks  hereby  authorized  on  Lake  street  shall  be  com- 
pleted on  or  before  the  first  day  of  October,  1886.     Pro- 
vided, however,  if  said  company  shall  be  delayed  by  the 
writ  or  order  of  any  court,  in  the  construction  thereof, 
then  suitable  time  equal  to  the  time  of  such  delay  shall  be 
added  to  the  time  herein  prescribed  for  the  completion  of 
said  tracks. 

7.  Tracks,  etc.]     §  7.     The  tracks  hereby  authorized 
shall  be  laid  with  modern  improved  rails  to  be  approved 
by  the  commissioner  of  public  works,  and  shall  not  be 
laid  above  the  surface  of  the  street,  and  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely 
cross  at  any  and  all  points  and  in  any  and  all  directions. 

8.  When  in  force.]    §  8.      This  ordinance  shall  take 
effect  upon  said  company  filing  its  acceptance  of  the  same 
with  the  city  clerk;    Provided,  such  acceptance  shall  be 
filed  within  thirty  days  from  the  passage  hereof,  other- 
wise this  ordinance  to  be  void  and  of  no  effect. 

(Special  Ordinances,  pp.  1370-2.} 


AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  WEST 
CHICAGO  STREET  RAILROAD  COMPANY  TO  LAY  DOWN, 
MAINTAIN  AND  OPERATE  A  STREET  RAILROAD  IN  CER- 
TAIN STREETS  THEREIN  MENTIONED.  (Passed  March 

21,  1892.     Accepted  March  28,  1892.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago  : 

Section  i.  That,  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  West  Chicago  Street 
Railroad  Company  to  comply  with  the  provisions  here- 
inafter contained,  permission  and  authority  are  hereby 
granted  and  duly  vested  in  said  West  Chicago  Street  Rail- 
road Company,  its  successors  and  assigns,  to  lay  down, 
maintain  and  operate  a  single  or  double  track  street  rail- 
road, with  all  necessary  and  convenient  turn-outs,  side- 
tracks and  switches,  in  and  along  the  course  of  certain 
streets  in  the  City  of  Chicago,  hereinafter  mentioned,  and 
to  connect  at  any  and  all  street  intersections  any  track  or 
tracks  hereby  authorized  to  be  laid  with  the  track  or  tracks 
of  any  railroad  owned,  leased  or  operated  by  said  com- 
pany; and  to  operate  upon  said  street  railroad,  hereby 
authorized,  railway  cars  and  carriages,  in  the  manner  and 
for  the  time  and  upon  the  conditions  hereinafter  pre- 
scribed. 

Sec.  2.  The  said  West  Chicago  Street  Railroad  Com- 
pany is  hereby  authorized  to  lay  a  double  track  street  rail- 
road in  and  along  the  course  of  the  following  streets : 
On  Ashland  avenue,  between  Blue  Island  avenue  and 
Twelfth  street ;  and  also  on  said  Ashland  avenue,  between 
West  Lake  street  and  West  Erie  street;  and  on  Paulina 
street,  between  Twelfth  street  and  Lake  street;  Provided, 
however,  that  said  railroad  company  shall  pay  the  cost  of 


setting  the  curb  back  a  distance  of  four  (4)  feet  on  both 
sides  of  Paulina  street,  from  Madison  street  to  Polk 
street,  and  place  said  street  in  as  good  condition  and  re- 
pair as  before  said  curb  was  removed,  whenever  it  shall 
be  ordered  so  to  do  by  the  commissioner  of  public  works 
of  the  City  of  Chicago;  also  on  Robey  street,  between 
Blue  Island  avenue  and  Milwaukee  avenue ;  also  on  West- 
ern avenue,  between  Twenty-sixth  street  and  Twelfth 
street;  and  also  on  Western  avenue,  between  Harrison 
street  and  Van  Buren  street ;  also  on  Western  avenue,  be- 
tween West  Lake  street  and  Milwaukee  avenue;  also  on 
Milwaukee  avenue,  between  Armitage  avenue  and  Lazv*- 
rence  avenue;  also  on  Kedzie  avenue,  between  Twelfth 
street  and  West  Madison  street ;  also  on  Colorado  avenue, 
between  Madison  street  and  West  Forty-eighth  street; 
also  on  West  Chicago  avenue,  between  California  avenue 
and  the  intersection  of  Chicago  avenue  with  Grand  ave- 
nue, and  thence  on  Grand  avenue,  between  the  intersec- 
tion of  Grand  avenue  with  Chicago  avenue  and  Crawford 
avenue;  also  on  Grand  avenue,  between  Indiana  street 
and  Chicago  avenue;  also  on  Eighteenth  street,  between 
State  street  and  Halsted  street ;  also  on  Fourteenth  street, 
between  Canal  street  and  Robey  street;  also  on  State 
street,  between  Madison  street  and  Washington  street, 
with  a  single  track,  connecting  said  single  track  with  the 
respective  tracks  on  Madison  street  and  Washington 
street ;  Provided,  however,  that  in  the  event  of  State  street 
being  used  the  westerly  track  now  laid  upon  said  State 
street  shall  be  used  and  no  additional  tracks  shall  be  laid 
upon  said  State  street,  between  Madison  and  Washington 
street ;  also  on  Dearborn  street,  between  Van  Buren  street 
and  Adams  street,  with  a  single  track,  connecting  said 
single  track  with  the  respective  tracks  on  Van  Buren 
street  and  on  Adams  street ;  Provided,  that  nothing  there- 


I2O 

in  contained  shall  authorize  or  be  held  to  authorize  the 
occupation  of  Dearborn  street,  between  Van  Buren  and 
Adams  street's,  with  more  than  two  railroad  tracks  alto- 
gether, or  to  authorize  the  said  West  Chicago  Street  Rail- 
way Company  to  lay  down  or  operate  any  additional  track 
in  said  street,  between  Van  Buren  and  Adams  streets,  so 
long  as  the  present  two  tracks  now  laid  thereon  shall  re- 
main ;  Provided,  further,  that  said  company  shall  have  the 
option  to  first  lay  a  single  track  on  Robey  street,  between 
Chicago  avenue  and  North  avenue,  and  that  if,  at  any 
time  during  the  life  of  this  ordinance,  said  company  shall 
see  fit  to  lay  a  double  track  on  said  Robey  street,  between 
said  Chicago  avenue  and  North  avenue,  said  company 
may  do  so;  but,  upon  the  condition  that  said  company 
shall,  in  event  of  laying  such  double  track,  at  its  sole  cost 
and  expense,  remove  the  curb  on  either  side  of  said  Robey 
street,  between  the  points  above  mentioned,  four  feet  on 
either  side  of  said  street  and  pave  said  four  feet  space  on 
either  side  of  said  street,  as  well  as  the  space  between  the 
tracks,  with  wooden  blocks,  the  work  to  be  done  to  the 
satisfaction  of  and  under  the  supervision  of  the  commis- 
sioner of  public  works. 

Sec.  3.  The  tracks  of  said  railway  shall  not  be  elevated 
above  the  surface  of  the  street  and  shall  be  constructed 
with  modern  improved  rails  and  so  laid  that  vehicles  may 
freely  and  safely  cross  the  said  tracks;  and,  when  two 
tracks  are  laid  in  the  same  street,  the  said  tracks  shall  be 
laid  parallel  as  near  as  practicable;  Provided,  however, 
that  the  rails  to  be  used  on  the  tracks  herein  authorized 
shall  only  be  such  as  have  been  first  approved  by  the  com- 
missioner of  public  works,  and  that  the  location  of  the 
tracks  and  other  apparatus  or  works  in  or  under  the 
streets,  hereby  authorized,  shall  be  subject  to  the  direction 
and  approval  of  the  commissioner  of  public  works.  Sec- 


121 

tion  1509  of  the  Municipal  Code  of  Chicago  of  1881  shall 
not  apply  to  the  railroad  tracks  herein  authorized. 

Sec.  4.  The  said  company,  as  to  the  part  of  said  street 
in  and  upon  which  its  said  several  railways  shall  be  laid, 
shall  keep  eight  feet  in  width  where  a  single  track  shall 
be  land  and  sixteen  feet  in  width  where  a  double  track 
shall  be  laid  in  good  condition  and  repair,  during  all  of  the 
time  to  which  the  privileges  hereby  granted  shall  extend, 
in  accordance  with  such  ordinances  or  regulations  as  shall 
be  passed  or  adopted  by  the  city  council  in  relation  to  such 
repairing;  and  when  any  new  improvements  shall  be  or- 
dered by  the  city  council  of  said  part  of  said  street,  said 
railway  company  shall,  in  the  manner  which  may  be  re- 
quired of  the  owners  of  property  fronting  on  said  part  of 
said  street,  make  such  new  improvement  for  the  width  of 
eight  feet  where  a  single  track  shall  be  laid,  and  of  six- 
teen feet  where  a  double  track  shall  be  laid,  and  if  said 
company  shall  refuse  or  fail  so  to  do,  the  same  may  be 
done  by  the  city  and  the  company  shall  be  liable  to  the  city 
for  the  cost  thereof;  Provided,  however,  that  said  com- 
pany shall  pay  the  owner  or  owners  of  property  abutting 
on  streets  where  such  tracks  shall  be  laid  the  cost  of  the 
improvement  of  eight  feet  in  width  where  a  single  track 
shall  be  laid,  and  sixteen  feet  in  width  where  a  double 
track  shall  be  laid,  on  all  such  streets  that  have  been  im- 
proved within  the  past  year. 

Sec.  5.  The  several  railways  hereby  authorized  shall 
be  completed  within  twelve  months  after  the  passage  of 

this  ordinance,  not  counting  the  months  of  December,  Jan- 
uary, February  and  March;  Provided,  however,  that  the 
tracks  hereby  authorized  to  be  laid  shall  be  laid  in  the  un- 
improved streets  within  six  months  after  the  sewer  and 
water  pipes  and  their  connections  shall  have  been  laid  in 


122 

such  unimproved  streets  and,  at  the  same  time,  when  the 
paving  shall  be  done  in  every  such  unimproved  street; 
and,  provided,  further,  that  if  said  company  shall  be  de- 
layed, by  the  order  or  injunction  of  any  court  the  time  of 
such  delay  shall  be  deducted  from  the  time  above  pre- 
scribed; Provided,  however,  that  counsel  for  the  City  of 
Chicago  may  intervene  in  any  suit  in  which  any  injunc- 
tion or  restraining  order  may  issue  or  be  entered  and  may 
move  for  its  dissolution  or  dismissal. 

Sec.  6.  The  cars  to  be  used  upon  the  tracks  hereby 
authorized  may  be  operated  with  animal  power,  or  cable 
or  electric  power,  or  with  such  other  practically  noiseless 
motor  or  power  as  shall  be  approved  by  the  mayor  and 
commissioner  of  public  works.  In  the  event  of  electric 
power  being  used,  the  same  shall  be  placed  under  ground. 

Sec.  7.  When  said  cars  shall  be  operated  by  cable  or 
electric  power,  said  company  may  make  all  needful  and 
convenient  curves,  trenches,  excavations  and  sewer  con- 
nections, and  may  place  all  needful  and  convenient  cables, 
wires  and  conductors  for  the  transmission  of  electricity 
and  machinery  in  or  along  said  street ;  such  cables,  wires 
and  conductors  and  machinery  to  be  under  ground  and 
constructed  in  a  substantial  and  workmanlike  manner,  and 
under  the  supervision  of  the  commissioner  of  public 
works,  so  as  not  to  interfere  with  the  public  travel ;  Pro- 
vided, that  if  in  the  construction  of  said  trenches  and  ex- 
cavations any  damage  or  injury  shall  result  to  any  of  the 
sewers,  water  pipes  or  private  drains  or  other  pipes,  con- 
duits or  works  belonging  to  or  used  by  the  City  of  Chi- 
cago, then  said  company  shall  be  held  liable  and  pay  there- 
for. If  at  any  time,  by  reason  of  the  permission  hereby 
granted,  and  the  making  of  such  trenches  and  the  running 
of  such  cables,  wires  and  conductors,  or  the  construction 
or  operation  of  said  road,  under  any  system  of  motive 


123 

power,  any  injury  or  damage  shall  result  to  any  person 
or  property,  then  said  company  shall  be  liable  therefor. 
And  nothing  in  this  ordinance  contained  shall  be  held  to 
authorize  the  said  West  Chicago  Street  Railroad  Com- 
pany, its  successors  or  assigns,  to  inflict  upon  or  cause  to 
the  works  of  (or)  the  property  of  any  other  company  or 
person  any  damage  or  injury  without  paying  therefor,  or 
to  revoke  any  existing  rights  or  privileges  of  any  such 
company  or  person.  All  needful  and  convenient  connec- 
tions with  the  motive  power  or  engines  shall  be  subject  to 
the  same  restrictions.  The  aperture  opening  into  said 
trenches,  where  cable  or  electric  power  is  used,  shall  not 
exceed  five-eighths  of  an  inch  in  width,  and,  in  case  said 
road  shall  be  operated  by  cable  or  electric  power,  said  com- 
pany may  operate  noi  exceeding  three  cars  and  one  grip- 
car  attached  together,  with  one  conductor  in  charge  of 
each  car. 

Sec.  8.  The  cars  to  be  used  on  said  several  railways 
shall  be  of  the  best  style  and  class  now  in  use;  and  they 
shall  not  be  used  for  any  purpose  other  than  to  transport 
passengers  and  their  ordinary  baggage  and  shall  be  pro- 
vided, during  the  months  of  November,  December,  Jan- 
uary, February  and  March  of  each  year,  with  heating 
apparatus,  of  a  kind  and  nature  which  shall  be  reasonably 
effective  in  raising  the  temperature  in  said  car  and  heating 
the  same ;  and  the  said  apparatus  shall  be  operated  at  such 
times  during  the  said  months  aforesaid  as  the  nature  of 
the  weather  and  the  degree  of  temperature  shall  require. 

Sec.  9.  The  rate  of  fare  for  any  continuous  ride  shall 
not  exceed  five  cents  for  each  passenger,  except  when  the 
cars  or  carriages  shall  be  chartered  for  special  purposes; 
and  transfers  shall  be  given  on  all  north  and  south  lines 
with  such  connecting  or  cross  lines  at  such  points  as  shall 
be  agreed  upon  between  the  mayor  and  the  said  company. 


124 

If  the  mayor  and  said  company  can  not  agree  upon  the 
transfers  to  be  given,  then  any  judge  of  a  court  of  record 
in  Cook  County  may  be  asked  to  adjust  such  question  of 
difference,  and  the  decision  of  such  judge  of  a  court  of 
record  shall  be  final  and  binding  upon  the  mayor  and  said 
company. 

Sec.  10.  The  said  company  shall  forever  indemnify 
and  keep  harmless  the  City  of  Chicago  against  and  from 
any  and  all  legal  damages,  judgments,  decrees  and  costs 
and  expenses  of  the  same  which  it  may  suffer,  or  which 
may  be  recovered  or  obtained  against  the  said  city,  for  or 
by  reason  of,  or  growing  (out)  of,  or  resulting  from  any 
act  or  acts  of  said  company,  its  servants  or  agents,  under 
or  by  virtue  of  the  provisions  of  this  ordinance. 

Sec.  1 1 .  The  said  West  Chicago  Street  Railroad  Com- 
pany shall  pay  into  the  city  treasury  of  the  City  of  Chi- 
cago, for  the  use  of  said  city,  the  sum  of  fifty  dollars,  as 
an  annual  license  fee,  for  each  and  every  car  used  by  said 
company,  in  the  manner  following:  In  computing  the 
number  of  cars,  upon  which  said  license  charge  may  be 
imposed,  thirteen  round  trips,  when  the  car  is  used  for  the 
transportation  o-f  passengers,  shall  be  taken  as  an  equiva- 
lent to  one  day's  use  of  one  car;  one-thirteenth  of  such 
round  trips  during  each  quarter  shall  be  divided  by  the 
number  of  days  in  such  quarter,  such  quotient  shall  be  the 
number  of  cars  subject  to  license  fee;  Provided,  however, 
that  such  cars  shall  not  already  be  liable  for  the  payment 
of  a  license  fee  on  one  of  the  other  lines  of  this  company 
or  its  connections.  The  president  or  other  chief  officer 
of  said  company  shall,  under  oath,  make  report  quarter 
yearly  to  the  comptroller  of  the  City  of  Chicago  of  the 
whole  number  of  cars  so  run  by  said  company  and,  at  the 
same  time,  pay  to  said  comptroller  twelve  dollars  and  a 
half  ($12.50)  for  each  car,  to  be  ascertained  as  above 


prescribed  in  this  section.  The  first  quarter  shall  begin 
on  the  first  day  upon  which  said  company  shall  run  a  car 
or  cars  on  said  several  railways,  for  the  carriage  of  pas- 
sengers. 

Sec.  12.  The  said  West  Chicago  Street  Railroad  Com- 
pany shall  execute  to  the  City  of  Chicago  a  good  and  suf- 
ficient bond  in  the  penal  sum  of  fifty  thousand  ($50,000) 
dollars,  to  be  approved  by  the  mayor,  conditioned  for  the 
faithful  observance  and  performance  of  the  conditions  and 
provisions  of  this  ordinance,  on  its  part  to  be  performed 
and  observed. 

Sec.  13.  All  of  the  rights  and  privileges  hereby 
granted  to  and  conferred  upon  the  said  West  Chicago 
Street  Railroad  Company,  its  successors  and  assigns,  or 
intended  so  to  be,  shall  continue  and  be  in  force  for  the 
full  term  and  period  of  twenty  years  from  and  after  the 
passage  of  this  ordinance. 

Sec.  14,  That  so  much  of  Section  5,  composed  of  the 
following  words:  "Provided,  that  said  company  shall 
also  permit  its  tracks  on  said  Dearborn  street  to  be  used 
by  the  Chicago  City  Railway  Company,"  and  which  said 
words  occur  in  Section  5  of  an  ordinance  passed  March 
1 4th,  1887,  granting  to  the  North  Chicago  Street  Rail- 
road Company  the  right  to  construct  and  operate  a  street 
railroad  on  Dearborn  street  and  other  streets  be  and  the 
same  is  hereby  repealed. 

Sec.  15.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  filing  of  the  bond 
aforesaid  and  acceptance  by  said  company;  Provided, 
however,  that  if  said  bond  and  acceptance  by  said  com- 
pany shall  not  be  filed  with  the  city  clerk  within  sixty  days 
after  the  passage  hereof,  then  all  of  the  rights  and  privi- 
leges herein  granted  shall  be  void  and  of  no  effect. 

(Special  Ordinances,  pp.  1636-41.') 


126 


ORDINANCES  VILLAGE  OF  JEFFERSON. 

AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  THROUGH  CER- 
TAIN PARTS  OF  THE  VILLAGE  OF  JEFFERSON.  (  Passed 

and  approved  January  28,  1878.) 

Be  it  Ordained  by  the  President  and  Board  of  Trustees 
of  the  Village  of  Jefferson: 

1.  Milwaukee  avenue  and  Armitage  road  extension.] 
§   i.     That  permission  and  authority  is  hereby  granted 
to  the  Chicago  West  Division  Railway  Company,  its  suc- 
cessors and  assigns,  to  construct,  maintain  and  operate  a 
single  or  double  track  street  railway,  with  all  necessary 
and  convenient  side  tracks,  switches  and  turn  tables,  in 
Milwaukee  avenue  and  Armitage  road,  in  said  Village 
of  Jefferson,  from  the  city  limits  to  North  Washtenaw 
street. 

2.  Passenger  traffic  only.]     §  2.    The  cars  to  be  used 
upon  said  tracks  are  to  be  used  only  to  transport  pas- 
sengers and  their  ordinary  baggage,  and  the  cars  used 
for  that  purpose  shall  be  of  the  best  style  and  class  in  use 
on  street  railways.    The  tracks  on  said  railway  shall  not 
be  elevated  above  the  surface  of  the  street,  and  shall  be 
laid  with  modern  improved  rails,  and  so  that  carriages 
and  vehicles  can  readily  and  freely  cross  said  tracks  at 
any  point  without  unnecessary  obstruction,  and  any  dam- 
age to  private  property  by  the  construction  and  use  of 
said  tracks  shall  be  paid  by  the  said  Chicago  West  Di- 
vision Railway  Company. 

3.  Street  improvements  and  repairs.']     §  3.    The  said 
Chicago  West  Division  Railway  Company,  its  successors 
and  assigns,  shall  keep  eight  feet  in  width,  if  a  single 


127 

track  is  laid,  and  sixteen  feet,  if  a  double  track  is  laid, 
occupied  by  said  tracks  respectively  of  said  streets,  in 
good  order  and  condition  during  the  whole  term  said 
streets  shall  be  occupied  by  said  tracks. 

4.  Fare,  five  cents,  etc.]     §  4.     The  rate  of  fare  for 
any  distance  on  said  tracks  shall  not  exceed  five  cents, 
except  when  the  cars  or  carriages  shall  be  chartered  for 
a  special  purpose. 

5.  Animal  power  only.]     §  5.     The  cars  to  be  used 
upon  said  tracks  shall  be  operated  with  animal  power 
only. 

6.  Term  of  the  grant.  ]      §  6.    The  rights  and  privi- 
leges hereby  granted  shall  continue  for  the  term  of  eighty- 
one  years  from  the  passage  and  approval  of  this  ordi- 
nance. 

7.  Repealing  clause.}     §  7.    All  ordinances,  or  parts 
of  ordinances,  in  conflict  with  this,  are  hereby  repealed. 

(Special  Ordinances,  p.  1346.} 


128 


AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  THROUGH  CER- 
TAIN STREETS  IN  THE  VILLAGE  OF  JEFFERSON.  (Ap- 

proved  June  30,  1883.) 

Be  it  Ordained  by  the  President  and  Board  of  Trustees 
of  the  Village  of  Jefferson: 

SECTION  i.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  of  the  Chicago  West  Division 
Railway  Company  to  comply  with  the  provisions  hereof, 
authority  and  consent  are  hereby  given,  granted  and  duly 
vested  in  said  company,  its  successors  and  assigns,  to 
construct,  operate  and  maintain  a  single  or  double  track 
railway,  with  all  necessary  turn-outs,  side-tracks,  switches 
and  curves,  in,  upon  and  along  Armitage  road,  from 
North  Washtenaw  street  to  west  line  of  California  ave- 
nue, south  along  California  avenue  to  its  intersection 
with  North  avenue  tracks,  and  to  operate  the  same  in  con- 
nection with  the  railway  in  said  Armitage  road  and  North 
avenue. 

SEC.  2.  The  tracks  of  such  railway  shall  be  so  laid 
that  carriages  and  other  vehicles  can  easily  and  freely 
cross  said  tracks  without  unnecessary  obstruction,  and 
the  cars  to  be  used  upon  said  tracks  are  for  the  trans- 
portation of  passengers,  together  with  their  ordinary  bag- 
gage, and  of  the  same  style  and  class  as  those  in  use  on 
the  connecting  railway  lines. 

SEC.  3.  The  said  Chicago  West  Division  Railway 
Company,  its  successors  and  assigns,  shall  keep  eight  feet 
in  width  where  a  single  track  is  laid,  and  sixteen  feet 
where  a  double  track  is  laid,  and  occupied  by  said  tracks 
respectively  of  said  streets,  in  good  order  and  repair  dur- 


129 

ing  the  whole  term  the  said  streets  shall  be  occupied 
by  said  tracks,  and  authority  is  hereby  given  to  said  com- 
pany to  pave  and  keep  in  repair  with  stone  the  railway 
herein  mentioned ;  Provided,  however,  and  the  permission 
and  authority  hereby  granted  are  upon  the  express  con- 
dition, that  if  a  single  track  is  laid  through  said  Armitage 
road  and  California  avenue  it  shall  be  so  laid  and  con- 
structed as  to  be  north  of  the  center  line  of  Armitage 
road  and  east  of  the  center  line  of  California  avenue, 
under  the  supervision  and  to  the  satisfaction  of  the  village 
engineer. 

SEC.  4.  The  tracks  hereby  authorized  shall  be  deemed 
an  extension  of  the  tracks  already  laid  and  operated  by 
said  company  on  Armitage  avenue  and  North  avenue, 
and  no  additional  fare  shall  be  charged  over  the  lines  so 
extended  by  virtue  of  this  ordinance. 

SEC.  5.  The  rights  and  privileges  hereby  granted  shall 
continue  for  the  term  of  twenty  years  from  the  passage 
and  approval  of  this  ordinance. 

SEC.  6.  This  ordinance  shall  be  in  force  on  and  after 
its  passage  and  acceptance  by  said  railway  company. 

(Special  Ordinances,  pp.  1362-3.} 


130 


CITY   ORDINANCES   RELATING   TO   CHANGE 
OF  MOTIVE  POWER. 

AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  CHICAGO 
WEST  DIVISION  RAILWAY  COMPANY  TO  OPERATE  BY 
ELECTRIC  OR  CABLE  POWER.  (Passed  March  30,  1888. 
Accepted  April  21,  1888.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

1.  Other  than  animal  power  authorized.']     §  i.    That 
in  consideration  of  the  acceptance  hereof,  and  the  under- 
taking of  the  Chicago  West  Division  Railway  Company, 
its   lessees  and  assigns,  to  comply   with   the  provisions 
herein  contained,  permission  and  authority  is  hereby  given 
to  said  company,  its  lessees  or  assigns,  to  construct,  main- 
tain and  operate  its  various  lines  of  railways,  or  any  of 
them,  or  any  part  thereof,  by  electric  power  or  by  sta- 
tionary engines  not  located  on  the  public  streets  or  public 
places  on  the  streets,  and  propelled  by  other  than  animal 
power,  and  to  connect  its  tracks  with  other  street  rail- 
roads.    Nothing  in  this  section  or  ordinance  contained 
shall  authorize  the  Chicago  West  Division  Railway  Com- 
pany, its  lessees  or  assigns,  to  construct  any  electric  or 
cable   system    upon   any  street  or  streets   that   the  city 
council  of  the  City  of  Chicago  has  not  authorized  to  be 
used  by  said  Chicago  West  Divison  Railway  Company, 
for  street  railway  purposes,  and  not  lost  by  non-user  or 
forfeiture. 

2.  Cable  road  may  be  put  in  and  operated.']     §  2. 
That  the  said  Chicago  West  Division  Railway  Company, 
its  lessees  or  assigns,  may,  for  the  purpose  of  a  cable  road, 
make  all   needful  and  convenient   trenches,  excavations 


and  sewer  connections,  and  may  place  all  needful  and 
convenient  cables  and  machinery  on  any  streets  upon 
which  its  railways  are  now  constructed  or  authorized  by 
ordinance  to  be  constructed;  such  cables  and  machinery 
shall  be  underground,  and  constructed  in  a  substantial 
and  workmanlike  manner,  of  the  most  approved  method 
and  convenience  so  as  not  to  interfere  with  public  travel. 
Provided,  that  if  in  constructing  said  trenches  and  ex- 
cavations or  using  the  same,  any  damage  or  injury  shall 
result  to  any  of  the  sewers,  water  pipes,  or  private  drains, 
then  the  said  company  shall  be  held  liable  therefor;  and 
if  at  any  time,  by  reason  of  the  permission  hereby  granted 
and  the  making  of  said  trenches,  or  running  said  cables, 
any  injury  or  damage  shall  result  to  any  person  or  prop- 
erty, then  said  company  shall  be  held  liable  therefor; 
and  said  company  shall  pay  all  damages  to  owners  of 
property  abutting  upon  roads,  streets,  highways  or  public 
property  upon  or  over  which  its  said  road  is  to  be  con- 
structed and  operated,  which  said  owners  may  sustain  by 
reason  of  the  location,  construction  or  operation  of  said 
company's  roads.  All  needful  and  convenient  connec- 
tions with  the  motive  power  or  engines  shall  be  subject 
to  the  same  conditions  and  restrictions ;  provided,  further, 
that  the  aperture  opening  into  said  trenches  shall  not 
exceed  five-eights  of  an  inch  in  width;  and,  provided, 
further,  that  said  company  may  operate  not  to  exceed 
two  cars  and  one  grappling  car  attached  together,  with 
one  driver  in  charge  of  the  grip  car  and  one  conductor  in 
charge  of  each  additional  car. 

3.  Tracks — how  constructed.}  §  3.  The  tracks  of 
said  railway  shall  not  be  elevated  in  said  streets  above 
the  surface  of  the  streets  and  shall  be  laid  with  modern 
improved  rails  in  such  manner  that  carriages  and  other 
vehicles  can  easily  and  freely  cross  the  same  at  all  points 


132 

and  in  all  directions  without  obstruction.  The  rails  to 
be  used  in  the  construction  of  said  track  shall  be  satis- 
factory to  the  mayor  and  commissioner  of  public  works. 
Each  of  said  tracks  shall  be  laid  as  near  the  center  of 
said  street  as  practicable,  and  shall  not  be  laid  within 
twelve  (12)  feet  of  the  sidewalk  in  any  place,  except  in 
turning  street  corners  or  constructing  curves,  and  there 
no  nearer  than  may  be  required  to  make  the  necessary 
curve;  and  the  cars  to  be  constructed  with  all  the  latest 
improvements  for  the  comfort  and  convenience  of  pas- 
sengers, and  shall  be  used  for  no  other  purpose  than 
for  the  transportation  of  passengers.  Animal  power  may 
be  used  to  move  the  cars. 

4.  Speed  may  be  regulated.'}     §  4.     The  city  council 
shall  have  power  at  all  times  to  make  such  regulations  as 
to  the  rate  of  speed  on  said  streets,  as  the  public  safety 
and  convenience  may  require. 

5.  License  fee  for  cars.]     §  5.     The  said  Chicago 
West  Division  Railway  Company  shall  pay  into  the  city 
treasury  of  said  city,  the  sum  of  fifty  ($50)  dollars  as  a 
license  fee  for  each  and  every  car  used  by  said  company 
on  the  railways  hereby  authorized,  which  has  not  been 
included  for  license  fees  for  use  on  other  lines.    The  num- 
ber of  cars  upon  which  license  shall  be  imposed  shall 
be  determined,  and  the  license  fee  paid  in  the  same  man- 
ner as  provided  in  an  ordinance  entitled,  "An  ordinance 
concerning  street  railways  in  the  City  of  Chicago,"  passed 
July  30,   1883,  and  approved  by  the  mayor  August  6, 
1883. 

6.  Tracks,  when   to   be  removed.]     §  6.     When  the 
right  of  said  company  to  operate  its  said  railway  upon 
said  streets  shall  cease,  said  company  shall  remove  its 
tracks  from  the  same  and  place  the  same  in  as  good  con- 
dition as  when  said  tracks  were  laid. 


133 

7.  Bond    to    perform.]     §  7.      The    Chicago    West 
Division  Railway  Company  shall  enter  into  a  good  and 
sufficient  bond  with  the  City  of  Chicago  in  the  penal  sum 
of  one  hundred  thousand   dollars    ($100,000),   for  the 
faithful  performance  of  all  the  terms  and  conditions  of 
this  ordinance  contained. 

8.  Indemnity  required.]     §  8.  The  said  company  shall 
forever  indemnify  and  save  harmless  the  City  of  Chicago 
against  and  from  any  and  all  legal  damages,  judgments, 
decrees  and  costs  and  expenses  of  the  same  which  it  may 
suffer,  or  which  may  be  recovered  or  obtained  against 
said  city,  for  or  by  reason  of  the  granting  of  such  privi- 
leges, or  for  or  by  reason  of,  or  growing  out  of,  or  result- 
ing from  the  passage  of  this  ordinance,  or  any  matter  or 
thing  connected  therewith,  or  with  the  exercise  by  said 
company  of  the  privileges  hereby  granted,  or  from  any 
acts  of  said  company,  its  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

9.  Prior  ordinances  to  control,  when.]     §  9.     This 
permission    and    authority    hereby  conferred,  are  given 
upon  the  express  understanding  and  argreement  that  the 
provisions  of  this  ordinance  shall  and  do  not  extend  the 
time  during  which  the  said  Chicago  West  Division  Rail- 
way Company  may  operate  its  lines  upon  the  streets  of 
Chicago.    The  said  privileges  are  to  be  governed  in  this 
respect  by  ordinances  heretofore  passed. 

10.  Subject  to  general  ordinances.]     §   10.     Unless 
otherwise  provided  in  this  ordinance,  the  privileges  hereby 
granted  are  subject  to  all  the  general  ordinances  of  the 
City  of  Chicago,  now  in  force,  or  which  may  be  passed 
in  reference  to  street  railways. 

11.  Car  heating,  etc.]     §  n.    The  said  company  shall 
also  provide  upon  all  lines  operated  under  this  ordinance, 


134 

cars  of  the  most  modern,  approved  fashion,  of  a  kind 
equal  to  the  best  cars  in  use  upon  any  cable  road  now 
in  operation,  and  said  company  shall  provide  the  best  and 
most  approved  method  for  heating  said  cars,  so  that  the 
same  shall  be  kept  properly  heated  at  all  times  during 
cold  weather. 

12.  Wlien  to  take  effect.]  §  12.  This  ordinance  shall 
take  effect  and  be  in  force  as  soon  as  the  same  shall  have 
been  duly  accepted  by  said  company,  and  the  said  com- 
pany shall  have  executed  and  filed  with  the  city  clerk, 
the  bond  provided  for  herein  in  the  manner  and  form 
as  hereinbefore  required;  Provided,  however,  that  unless 
this  ordinance  shall  be  duly  accepted  and  said  bond  ex- 
ecuted and  filed  within  thirty  (30)  days  of  the  passage 
hereof,  this  ordinance  shall  be  null  and  void. 

(Special  Ordinances,  pp.  1372-4.} 


135 


AN  ORDINANCE  AUTHORIZING  AND  EMPOWERING  THE 
WEST  CHICAGO  STREET  RAILROAD  COMPANY  AND 
THE  NORTH  CHICAGO  STREET  RAILROAD  COMPANY 
TO  OPERATE  THEIR  SEVERAL  RAILROADS  BY  CERTAIN 

MOTORS  OR  MOTIVE  POWERS  THEREIN  NAMED.     (Passed 

March  21,  1892.  Accepted  by  West  Chicago  Street 
Railroad  Company  March  28,  1892.  Accepted  by 
North  Chicago  Street  Railroad  Company  April  6, 
1892.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

Section  i.  That,  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  by  the  West  Chicago  Street 
Railroad  Company,  as  well  as  the  North  Chicago  Street 
Railroad  Company,  to  comply  with  the  provisions  and 
conditions  herein  contained,  permission  and  authority  are 
hereby  granted  unto  the  West  Chicago  Street  Railroad 
Company  and,  also,  unto  the  North  Chicago  Street  Rail- 
road Company,  and  to  their  respective  successors  and 
assigns,  to  operate  hereafter  their  several  and  respective 
lines  of  street  railroads — whether  owned  or  leased — or 
any  of  said  lines,  or  any  part  thereof,  in  the  City  of 
Chicago,  by  Belgian  pattern,  compressed  air,  gas,  electric 
or  any  motor  or  motive  power  which  said  companies,  or 
either  of  them,  shall  see  fit  to  adopt  and  use;  Provided, 
however,  that  such  motor  or  motive  power  shall  be  prac- 
tically noiseless,  and,  before  using,  shall  be  approved  by 
the  mayor  and  commissioner  of  public  works.  In  the 
event  of  electric  power  being  used,  the  same  shall  be 
placed  under  ground,  and  its  method  of  construction  shall 
first  be  approved  by  the  commissioner  of  public  works. 

Sec.  2.    The  permission  and  authority  hereby  granted 


136 

shall  attc.c!:  and  may  be  exercised  by  said  companies,  cr 
either  of  them,  at  any  time  after  the  passage  and  ac- 
ceptance of  this  ordinance;  and  the  permission  and  au- 
thority hereby  granted  shall  continue  during  the  entire 
unexpired  terms  of  the  several  ordinances  granting  to 
said  respective  companies  the  right  to  operate  street  rail- 
roads in  the  City  of  Chicago. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  acceptance  by  the  said 
companies,  or  either  of  them;  and  the  said  acceptance 
or  acceptances  shall  be  filed  with  the  city  clerk  within 
thirty  days  after  the  passage  hereof,  otherwise  said  ordi- 
nance shall  be  void  as  to  the  company  failing  to  file  such 
acceptance. 

(Special  Ordinances,  p.  1631.) 


AN  ORDINANCE  AMENDING  AN  ORDINANCE  PASSED 
MARCH  21,  1892,  AUTHORIZING  AND  EMPOWERING 
THE  WEST  CHICAGO  STREET  RAILROAD  COMPANY 
AND  THE  NORTH  CHICAGO  STREET  RAILROAD  COM- 
PANY TO  OPERATE  THEIR  SEVERAL  RAILROADS  BY  CER- 
TAIN MOTORS  OR  MOTIVE  POWERS  THEREIN  NAMED. 

(Passed  April  30,  1894.  Accepted  by  North  Chicago 
Street  Railroad  Company  and  West  Chicago  Street 
Railroad  Company  May  14,  1894.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

Section  i.  That  Section  i  of  an  ordinance  passed  by 
the  city  council  of  the  City  of  Chicago  March  i,  1892, 
authorizing  and  empowering  the  West  Chicago  Street 
Railroad  Company  and  the  North  Chicago  Street  Rail- 
road Company  to  operate  their  several  railroads  by  cer- 
tain motors  or  motive  powers,  therein  named,  be  and 
said  Section  i  of  said  ordinance  is  hereby  amended  by 
striking  out  the  words  "Belgian  pattern"  and,  also,  the 
word  "gas"  in  the  enumeration  of  said  motors  and  mo- 
tive powers,  and,  also,  by  striking  out  the  last  clause  in 
said  Section  i ,  which  reads  as  follows :  "In  event  of 
electric  power  being  used,  the  same  shall  be  placed  un- 
der ground  and  its  method  of  construction  shall  first  be 
approved  by  the  commissioner  of  public  works" ;  and 
substituting  in  place  of  said  clause  and  adding  to  said 
Section  i  the  following:  If  electric  power  shall  be  used 
by  means  of  overhead  contact  wires,  such  overhead  wires, 
together  with  the  necessary  feed  wires,  may  be  sus- 
pended from  poles  set  within  the  curb  limits  of  the  street 
on  either  side  thereof,  or  from  bracket  poles  placed  in 
the  center  of  the  street  along  such  line  or  route,  the 


138 

placing  of  said  poles  to  be  determined  by  the  mayor 
and  commissioner  of  public  works,  and  said  poles  to  be 
of  ornamental  iron  or  steel  and  of  such  construction  and 
design  as  the  mayor  and  commissioner  of  public  works 
may  approve.  Said  poles  and  feeder  wires  shall  be  sus- 
pended not  less  than  eighteen  and  a  half  (i&|)  feet  above 
the  rails,  and  the  said  poles  and  supports  shall  be  placed 
on  an  average  of  not  less  than  one  hundred  and  fifteen 
(115)  feet  apart.  No  poles  shall  be  set  at  the  inter- 
section of  streets  and  alleys.  Such  poles  and  wires  to 
be  erected  and  maintained  for  the  purpose  of  supplying 
electric  current  which  can  be  used  for  power,  heat  and 
light  purposes;  and,  with  the  right  to  connect  the  wires 
herein  authorized  with  the  generator  or  power  station  or 
any  station  or  car  house  in  connection  with  said  railroad 
or  railroads,  or  with  any  power  house  or  station  along 
any  line  or  lines  of  railroad  of  said  companies,  or  either 
of  them,  used  by  either  in  connection  with  its  cable,  horse 
or  electric  system;  and  said  companies  may  convey  said 
wires  from  such  power  house  or  station  to  the  lines  of 
wires  hereby  authorized  upon  poles  placed  upon  or  along 
the  alleys  of  the  city,  or,  whenever  in  the  judgment  of 
the  commissioner  of  public  works  it  shall  be  impracticable 
to  place  such  poles  in  alleys,  he  may,  for  the  purpose 
above  mentioned,  permit  to  be  placed  in  streets  orna- 
mental iron  or  steel  poles  of  such  design  and  construction 
as  he  may  approve;  or  said  companies  may,  if  the  mayor 
and  commissioner  of  public  works  consent  thereto,  con- 
vey said  connecting  wires  in  an  underground  conduit 
through  the  streets  or  alleys  of  the  City  of  Chicago, 
which  conduit  shall  be  used  by  the  companies  for  the 
purpose  herein  set  forth  only.  Before  making  any  ex- 
cavation or  in  any  wise  interfering  with  the  surface 
of  any  street  or  alley  said  companies  shall  obtain  from 


139 

the  commissioner  of  public  works  a  permit  therefor  and 
shall,  also,  deposit  with  the  treasurer  of  the  City  of  Chi- 
cago a  sum  sufficient  to  cover  the  cost  of  restoring  such 
street  or  alley  according  to  an  estimate  of  the  probable 
cost  thereof  to  be  made  by  the  commissioner  of  public 
works  in  each  case;  Provided,  however,  that  no  over- 
head contact  wires  shall  be  erected  on  any  of  the  lines 
of  the  said  North  Chicago  Street  Railroad  Company  or 
the  West  Chicago  Street  Railroad  Company,  or  any 
lines  owned  or  leased  by  the  said  companies  hereinbefore 
named  which  are  located  in  the  district  bounded  by  the 
Chicago  river  on  the  north,  the  south  branch  of  the  Chi- 
cago river  on  the  west,  Lake  Michigan  on  the  east,  and 
the  north  side  of  Twelfth  street  on  the  south ;  and,  pro- 
vided further,  that  no  overhead  contact  wires  shall  be 
located  on  that  part  of  any  street  or  streets  where  the 
said  North  Chicago  Street  Railroad  Company  or  the 
West  Chicago  Street  Railroad  Company,  or  any  railroad 
owned  or  leased  by  said  companies  hereinbefore  named, 
are  now  operating  its  railroad  by  cable  power,  nor  upon 
any  street  where  an  elevated  railroad  is  now  constructed, 
and  all  wires  and  conductors  for  the  transmission  of 
electricity  in  and  along  the  street  shall  be  constructed  in 
a  substantial  and  workmanlike  manner,  and  under  the 
supervision  of  the  commissioner  of  public  works,  so  as 
to  interfere  as  little  as  possible  with  the  public  travel. 
The  permission  and  authority  hereby  granted  shall  con- 
tinue during  the  entire  unexpired  terms  of  the  several 
ordinances  granting  to  said  respective  companies  the 
right  to  operate  street  railroads  in  the  City  of  Chicago; 
Provided  further,  that  said  railroad  companies  shall  carry 
free  of  charge  on  all  cars  operated  by  them  the  city  po- 
lice and  firemen. 


140 

Sec.  2.  That  said  ordinance  of  March  ji.  1892,  be, 
and  the  same  is  further  amended,  by  adding  to  said  or- 
dinance the  following  sections,  to  be  known  as  sections 
4,  5  and  6  of  said  ordinance,  to  wit : 

Sec.  4.  Said  companies  shall  establish  and  maintain 
a  metallic  return  circuit  conductor,  independent  of  their 
rails,  upon  all  the  lines  of  street  railroad  hereby  author- 
ized to  be  operated  by  electric  overhead  contact  wires. 
Wherever  other  lines  of  wires  cross  the  wires,  to1  be 
strung  by  virtue  of  this  ordinance,  the  latter  wires  shall 
be  protected  by  guard  wires  or  other  suitable  mechanical 
device  as  may  be  directed  by  the  commissioner  of  pub- 
lic works. 

Sec.  5.  Each  of  said  companies  shall  forever  indem- 
nify and  save  harmless  the  City  of  Chicago  against  and 
from  any  and  all  damages,  judgments,  decrees  and  costs 
and  expenses  which  said  city  may  suffer,  or  which  may 
be  recoverable  or  obtained  against  said  city,  for  or  by 
reason  of  the  granting  of  the  privileges  hereby  conferred 
upon  them  respectively,  or  for  or  by  reason  of,  or  grow- 
ing out  of,  or  resulting  from  the  exercise  by  said  com- 
panies, respectively,  of  the  privileges  hereby  granted, 
or  from  any  act  or  acts  of  said  companies,  respectively, 
their  servants  or  agents,  under  or  by  virtue  of  the  pro- 
visions of  this  ordinance,  and  each  of  said  companies 
shall,  within  the  time  limited  for  the  acceptance  of  this 
ordinance,  file  with  the  city  clerk  a  bond  to  the  City  of 
Chicago  in  the  penal  sum  of  fifty  thousand  dollars  ($50,- 
ooo),  with  sureties  to  be  approved  by  the  mayor  of  the 
City  of  Chicago,  conditioned  upon  the  faithful  perform- 
ance and  observance  by  said  companies,  respectively,  of 
all  the  conditions  and  provisions  of  this  ordinance. 

Sec.  6.     That,  for  and  in  consideration  of   the  privi- 


HI 

leges  herein  granted  by  the  City  of  Chicago  to  said  com- 
panies, the  said  North  Chicago  Street  Railroad  Company 
and  the  said  West  Chicago  Street  Railroad  Company 
agree  to  jointly  pay  to  the  City  of  Chicago  the  sum  of 
ten  thousand  dollars  ($10,000)  at  the  expiration  of  the 
first  year  after  the  passage  of  this  ordinance;  the  sum 
of  fifteen  thousand  dollars  ($15,000)  at  the  expiration 
of  the  second  year  after  the  passage  of  this  ordinance; 
the  sum  of  twenty  thousand  dollars  ($20,000)  at  the 
expiration  of  the  third  year  after  the  passage  of  this 
ordinance,  and  the  sum  of  twenty-five  thousand  dollars 
($25,000)  at  the  expiration  of  the  fourth  year;  and, 
also,  at  the  expiration  of  every  following  year,  after  the 
passage  of  this  ordinance,  said  sums  to  be  used  by  the 
City  of  Chicago  for  extending  its  electric  light  system; 
and, 

Whereas,  judgments  for  land  damages,  occasioned  by 
the  erection  of  the  Dearborn  street  bridge  and  the  build- 
ing of  the  Dearborn  street  viaduct  have  been  recovered 
against  the  City  of  Chicago,  in  the  amounts  and  at  the 
dates  hereinafter  enumerated;  and, 

Whereas,  the  City  of  Chicago  claims  that  the  North 
Chicago  Street  Railroad  Company  is  liable  to  hold  the 
said  city  harmless  against  said  judgments,  which  claim, 
however,  is  denied  by  said  company;  now,  therefore, 
in  consideration  of  the  privileges  of  this  ordinance  con- 
ferred upon  the  said  North  Chicago  Street  Railroad 
Company,  it  agrees  to  pay  to  the  City  of  Chicago,  within 
thirty  (30)  days  after  the  passage  of  this  ordinance,  the 
amount  of  said  various  judgments  with  the  legal  rate 
of  interest  from  the  time  of  the  recovery  of  the  same  re- 
spectively. Said  judgments  are  as  follows:  A  judgment 
in  favor  of  one  Williams  for  $20,000,  recovered  October 
30,  1891,  in  the  Circuit  Court  of  Cook  County;  a  judg- 


142 

ment  in  favor  of  one  Espert  for  $4,000,  recovered  on 
July  6,  1891,  in  the  Circuit  Court  of  Cook  County;  a 
judgment  in  favor  of  one  Sawyer  for  $1,400,  recovered 
December  7,  1889,  in  the  Circuit  Court  of  Cook  County; 
a  judgment  in  favor  of  one  Maltman  for  $726,  recovered 
on  April  24,  1889,  in  the  Superior  Court  of  Cook  Coun- 
ty; a  judgment  in  favor  of  one  Pirtle  for  $4,000,  re- 
covered on  January  u,  1892,  in  the  United  States  Cir- 
cuit Court.  And  the  West  Chicago  Street  Railroad  Com- 
pany, in  consideration  of  the  privileges  conferred  by  this 
ordinance  upon  it,  by  the  acceptance  of  this  ordinance, 
shall  be  held  to  have  agreed  to  guarantee  the  payment  by 
the  said  North  Chicago  Street  Railroad  Company  to  the 
City  of  Chicago  of  the  amounts  of  said  several  judg- 
ments, with  legal  interest  as  above  provided. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
as  to  both  of  said  companies  and  all  lines  operated  by 
them,  whether  leased  or  owned  by  them,  from  and  after 
its  passage  and  acceptance  and  the  filing  of  the  bond  here- 
inabove  provided  within  thirty  days  after  the  passage 
thereof;  otherwise  this  ordinance  shall  be  void  as  to  the 
company  failing  to  file  such  acceptance  and  bond. 

(Special  Ordinmces,  pp.  1631-5.) 


143 


AN  ORDINANCE  AMENDING  SECTION  I  OF  AN  ORDINANCE 
PASSED  APRIL  30,  1894,  AMENDING  AN  ORDINANCE 
PASSED  MARCH  21,  1892,  AUTHORIZING  AND  EMPOW- 
ERING THE  WEST  CHICAGO  STREET  RAILROAD  COM- 
PANY AND  THE  NORTH  CHICAGO  STREET  RAILROAD 
COMPANY  TO  OPERATE  THEIR  SEVERAL  RAILROADS  BY 
CERTAIN  MOTORS  OR  MOTIVE  POWERS  THEREIN  NAMED. 
(Passed  May  7,  1894.  Accepted  by  the  North  Chi- 
cago Street  Railroad  Company  and  the  West  Chicago 
Street  Railroad  Company  June  5,  1894.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

Section  i.  That  Section  i  of  an  ordinance  passed  by 
the  city  council  of  the  City  of  Chicago  April  30,  1894, 
amending  an  ordinance  passed  by  the  city  council  of  the 
City  of  Chicago  March  21,  1892,  be  and  the  said  Section 
i  of  said  amendatory  ordinance  is  hereby  amended  by 
striking  out  the  following  words,  "nor  upon  any  street 
where  an  elevated  railroad  is  now  constructed,"  said 
words  occurring  between  the  word  "power"  and  the  word 
"and"  in  said  Section  i  of  said  amendatory  ordinance. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 

(Special  Ordinances,  p.  1635.) 


144 


AN  ORDINANCE  AMENDING  SECTION  I  OF  AN  ORDINANCE 
PASSED  APRIL  30,  1894,  AMENDING  AN  ORDINANCE 
PASSED  MARCH  21,  1892,  AUTHORIZING  AND  EMPOW- 
ERING THE  WEST  CHICAGO  STREET  RAILROAD  COM- 
PANY AND  THE  NORTH  CHICAGO  STREET  RAILROAD 
COMPANY  TO  OPERATE  THEIR  SEVERAL  RAILROADS  BY 
CERTAIN  MOTORS  OR  MOTIVE  POWERS  THEREIN  NAMED. 
(Passed  May  7,  1894.) 

Be  it  Ordained  by  the  City  Coimcil  of  the  City  of 
Chicago: 

Section  i.  That  Section  i  of  an  ordinance  passed  by 
the  city  council  of  the  City  of  Chicago  April  30,  1894, 
amendatory  of  an  ordinance  of  March  21,  1892,  be  and 
the  same  is  hereby  amended  by  adding  the  words  "in 
uniform"  at  the  end  of  the  last  proviso  in  said  Section 
i  of  said  amendatory  ordinance,  so  that  said  proviso 
shall  read  as  follows:  "Provided,  further,  that  said  rail- 
road companies  shall  carry  free  of  charge  on  all  cars 
operated  by  them  the  city  police  and  firemen  in  uniform." 

Sec.  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 

(Special  Ordinances,  p.  1635.) 


145 


AN  ORDINANCE  AUTHORIZING  THE  WEST  CHICAGO 
STREET  RAILROAD  COMPANY  TO  LAY  TRACKS  ON 
WEST  HARRISON  STREET,  TWENTY-SIXTH  STREET, 
AND  OTHER  STREETS  IN  THE  ClTY  OF  CHICAGO. 
(Passed  February  4,  1895.  Accepted  March  2,  1895.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago: 

Section  i.  In  consideration  of  the  acceptance  hereof, 
and  the  undertaking  by  the  West  Chicago  Street  Railroad 
Company  to  comply  with  the  provisions  herein  contained, 
permission  and  authority  are  hereby  granted  to  the  said 
West  Chicago  Street  Railroad  Company,  its  successors 
and  assigns,  to  lay  down,  maintain  and  operate  a  single 
or  double  track  street  railroad  with  all  the  necessary  and 
convenient  turn-outs,  side-tracks  and  switches,  in,  along 
and  across  certain  streets  in  the  City  of  Chicago  herein- 
after mentioned,  and  to  connect  at  any  and  all  street  in- 
tersections any  track  or  tracks  hereby  authorized  to  be 
laid,  with  the  track  or  tracks  of  any  railroad  owned, 
leased  or  operated  by  said  company ;  and  also  permission 
to  connect  the  tracks  located  at  the  intersection  of  State 
street,  with  Lake  street,  and  operated  by  the  West  Chi- 
cago Street  Railroad  Company,  with  the  tracks  at  said 
intersection  belonging  to  the  North  Chicago  Street  Rail- 
road Company;  and,  also,  permission  to  construct  in 
State  street,  between  Lake  street  and  Randolph  street 
overhead  electric  wires,  and  to  operate  its  cars  in  said 
State  street,  between  said  points,  by  electric  power. 

Sec.  2.  Said  West  Chicago  Street  Railroad  Company 
is  hereby  authorized  to  lay  a  single  or  double  track  street 
railroad  in,  along  and  across  all  the  following  streets: 
In  and  along  West  Harrison  street,  between  Western  ave- 


146 

nue  and  Kedzie  avenue ;  and,  also,  in  and  along  Twenty- 
sixth  street,  between  Blue  Island  avenue  and  Crawford 
avenue;  and  also  in  and  along  Wood  street  and  North 
Wood  street,  from  Blue  Island  avenue  to  Milwaukee 
avenue;  and  in  and  along  North  Lincoln  street  to  Web- 
ster avenue;  and,  also,  in  and  along  Laurel  street,  be- 
tween Thirty-ninth  street  and  Thirty-first  street,  and 
thence  easterly  in  and  along  Thirty-first  street  to  Main 
street,  and  thence  in  and  along  Main  street  northwesterly 
and  across  the  bridge,  over  the  south  branch  of  the  Chi- 
cago river  to  Throop  street;  and  also  in  and  along 
Throop  street,  between  West  Twenty-first  street  and 
West  Taylor  street ;  also  connecting  the  road  terminating 
at  the  south  end  of  Throop  street  with  the  road  beginning 
at  Twenty-first  street  and  Throop  street  by  constructing 
or  operating  over,  along  and  across  such  lots,  blocks, 
grounds,  public  highways  or  tracks  now  laid,  as  it  may 
have  or  acquire  by  lease,  contract,  purchase,  condemna- 
tion or  otherwise,  according  to  law,  said  connection  to 
be  made  within  three  hundred  and  fifty  feet  (350)  east- 
erly or  westerly  of  the  center  line  of  said  Throop  street, 
between  the  northerly  end  of  Main  street  and  the  north 
side  of  West  Twenty-first  street;  and  also  in  and  along 
Sangamon  street,  between  Austin  avenue  and  Erie  street, 
and  thence  easterly  in  and  alc:ig  West  Erie  street  to  the 
east  bank  of  the  north  branch  of  the  Chicago  river;  and 
in  and  along  Twenty-first  street,  between  Western  avenue 
and  Douglas  boulevard;  and  also  in  and  along  West 
Twenty-first  street  between  Center  avenue  and  Halsted 

street. 

*  *  *  *  * 

( Sees.  3  to  1 1  inclusive  relate  to  new  lines  authorized 
by  Sec.  i.) 

Sec.   12.     Permission  and  authority  are   also  hereby 


147 

granted  to  said  company  to  operate  its  electric  cars  by 
overhead  contact  wires  over  and  along  any  part  or  parts  of 
connect  its  electric  line  in  any  street  with  its  electric  line 
in  any  other  street.  This  permission  is  granted  merely  and 
only  for  the  purpose  of  enabling  the  said  company  to  use 
its  cable  tracks  for  making  a  circuit  or  perfecting  a  line 
or  route  which  shall  require  the  cars  to  use  the  cable 
tracks  in  making  a  proper  and  direct  connection,  and 
shall  not.  be  suffered  or  permitted  to  be  so  construed  as 
to  permit  the  use  of  cable  tracks  by  electric  cars  in  any 
way  or  manner  which  will  tend  to  supersede  the  use  of 
cable  cars  or  lines  by  electricity. 

It  is  also  expressly  understood  and  declared  that  be- 
fore any  cable  tracks  shall  be  used  by  said  company  for 
the  operation  thereon  of  electric  cars  it  shall  file  with  the 
commissioner  of  public  works  a  plan  showing  specifically 
the  line  of  cable  tracks  which  it  is  intended  to  use  by 
means  of  electrical  appliances,  and  from  and  in  connec- 
tion with  which  it  must  appear  that  such  use  of  cable 
tracks  by  electrical  appliances  is  not  intended  to  and  will 
not  have  the  effect  to  supersede  or  interfere  with  the 
full  use  of  such  cable  tracks  by  cable  cars  by  the  substi- 
tution of  electric  cars  therefor  and  thereon. 

It  is  further  understood  and  declared  that  no  overhead 
wires  shall  at  any  time  be  erected  or  run  over  the  cable 
tracks  located  in  any  streets  or  parts  of  streets  within  the 
district  bounded  by  the  Chicago  river  on  the  north,  and 
the  south  branch  of  the  Chicago  river  on  the  west. 

Sec.  13.  Permission  and  authority  are  also  hereby 
granted  to  said  company  to  place  and  attach  overhead 
wires  to  and  beneath  any  elevated  railroad  structure  in 
any  street  where  said  company  shall  operate  an  electric 
railroad,  upon  obtaining  consent  from  the  elevated  rail- 


148 

road  company  to  attach  such  overhead  wires;  :  d  to 
construct  and  operate  over  and  across  any  bridge  or 
bridges  and  to  the  end  of  the  farther  approach  to  such 
bridge  or  bridges,  any  electric  line  of  street  railroad,  in 
any  street  leading  to  any  such  bridge  or  bridges. 

Sec.  14.  All  the  rights  and  privileges  hereby  granted 
to  and  conferred  upon  the  said  West  Chicago  Street 
Railroad  Company,  its  successors  and  assigns,  or  in- 
tended so  to  be,  shall  continue  and  be  in  force  for  the 
full  term  and  period  of  twenty  (20)  years  from  and  after 
the  passage  of  this  ordinance.  But  it  is  expressly  un- 
derstood and  declared  that  none  of  the  provisions  of 
this  ordinance  shall  be  construed  or  operate  to  in  any 
manner  extend  the  life  or  term  of  any  of  the  existing 
ordinances  in  which  the  said  West  Chica'go  Street  Rail- 
road Company  is  in  any  manner  interested. 

Sec.  15.  That  for  and  in  consideration  of  the  privi- 
leges herein  granted  by  the  City  of  Chicago  to  said  com- 
pany the  said  West  Chicago  Street  Railroad  Company 
hereby  undertakes  and  agrees  to  pay  to  the  City  of  Chi- 
cago the  sum  of  five  thousand  dollars  ($5,000)  per  an- 
num, at  the  expiration  of  each  and  every  year  during 
the  continuance  of  the  time  for  which  the  privileges  here- 
in granted  are  authorized  to  be  exercised ;  and  the  exer- 
cise by  said  company  of  any  of  the  privileges  hereby 
granted  shall  fix  the  liability  of  said  company  to  pay  said 
sums  of  money  annually  during  the  whole  of  said  term; 
said  sums  of  money  to  be  used  by  the  City  of  Chicago  for 
extending  its  electric  light  system. 

Sec.  1 6.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  acceptance,  and 
the  filing  of  the  bond  hereinabove  provided  for,  within 
thirty  (30)  days  after  the  passage  thereof,  otherwise  this 
ordinance  shall  be  void  and  of  no  effect. 

(Special  Ordinances,  pp.  1649-55.) 


149 


AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  WEST 
CHICAGO  STREET  RAILROAD  COMPANY  TO  CONSTRUCT 
AND  OPERATE  A  STREET  RAILWAY  IN  CERTAIN  STREETS 

THEREIN    NAMED.        (  Passed   July   2/,    1896.       Accepted 

August  i,  1896.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

Section  i.  In  consideration  of  the  acceptance  hereof, 
and  the  undertaking  by  the  West  Chicago  Street  Rail- 
road Company  to  comply  with  the  provisions  herein  con- 
tained, permission  and  authority  are  hereby  granted  to 
the  said  West  Chicago  Street  Railroad  Company,  its  suc- 
cessors and  assigns,  to  lay  down,  maintain  and  operate  a 
single  or  double  track  street  railroad,  with  all  the  neces- 
sary and  convenient  turn-outs,  side-tracks  and  switches 
in,  along  and  across  certain  streets  in  the  City  of  Chicago 
hereinafter  mentioned,  and  to  connect  at  any  and  all 
street  intersections  any  track  or  tracks,  hereby  authorized 
to  be  laid,  with  the  track  or  tracks  of  any  railroad  owned, 
leased  or  operated  by  said  company,  or  any  other  com- 
pany. 

Sec.  2.  Said  West  Chicago  Street  Railroad  Company 
is  hereby  authorized  to  lay  a  single  or  double  track  street 
railroad  in,  along  and  across  all  the  following  streets :  In 
and  along  California  avenue,  between  the  south  line  of 
Ogden  avenue  and  the  north  line  of  Kinzie  street;  and 
between  the  north  line  of  North  avenue  and  the  south 
line  of  Division  street,  and  between  the  south  line  of 
Armitage  avenue  and  the  north  line  of  Belmont  avenue; 
and  also  in  and  along  Kedzie  avenue,  between  the  south 
line  of  Madison  street  and  the  north  line  of  Chicago  ave- 
nue; and  also  in  and  along  Kedzie  avenue,  between  the 


north  line  of  Twelfth  street  and  the  southerly  line  of  Og- 
den  avenue ;  also  in  and  along  Armitage  avenue,  between 
the  northeasterly  line  of  Elston  avenue  and  the  south- 
westerly line  of  Milwaukee  avenue;  and  also  in  and  along 
Ashland  avenue,  between  the  northwesterly  line  of  Blue 
Island  avenue  and  the  south  line  of  Thirty-first  street; 
and  also  in  and  along  Augusta  street,  between  the  easter- 
ly line  of  Elston  avenue  and  the  westerly  line  of  Craw- 
ford avenue;  and  also  in  and  along  Robey  street,  from 
the  present  terminus  at  North  avenue  to  Elston  avenue. 

Provided,  however,  in  case  any  other  street  railroad 
company  has  been  heretofore  given  the  right,  by  ordi- 
nance, to  lay  tracks  upon  any  of  the  streets  covered  by  this 
ordinance,  which  right  has  not  been  forfeited  by  lapse  of 
time,  then  as  to  so  much  of  said  streets  as  is  covered  by  any 
such  prior  ordinance  or  ordinances,  the  rights  and  privi- 
leges granted  by  this  ordinance  shall  be  void  and  of  no 
effect,  and  said  West  Chicago  Street  Railroad  Company 
shall  not  have  the  right  to  lay  any  additional  tracks  on 

such  portions  of  said  streets. 

*****  * 

(Sees.  3  to  10  inclusive  relate  to  new  lines  authorized 
by  Sec.  i.) 

Sec.  ii.  All  rights  and  privileges  hereby  granted  to 
and  conferred  upon  the  said  West  Chicago  Street  Rail- 
road Company,  its  successors  and  assigns,  or  intended  so 
to  be,  shall  continue  and  be  in  force  for  the  full  term  and 
period  of  twenty  years  from  and  after  the  passage  of  this 
ordinance. 

Sec.  12.  And  permission  and  authority  are  also  here- 
by granted  to  said  company  to  operate  its  electric  cars 
over  and  along  any  part  or  parts  of  its  cable  or  other 
tracks,  or  tracks  of  other  companies,  upon  obtaining  con- 


151 

sent  of  such  other  cr  mpanies  (which  is  hereby  authorized 
and  permitted)  as  may  be  necessary  in  order  to  connect 
the  electric  line  in  any  street  with  the  electric  line  in  any 
other  street;  and  to  place  and  attach  overhead  wires  to 
and  beneath  any  elevated  railroad  structure  in  any  street 
where  said  company  shall  operate  an  electric  railway, 
upon  obtaining  consent  from  the  elevated  railroad  com- 
pany to  attach  such  overhead  wires;  and  to  construct 
and  operate  over  and  across  any  bridge  or  viaduct  and 
to  the  end  of  the  farther  approach  to  such  bridge  or  via- 
duct, any  electric  line  of  street  railroad  in  any  street 
leading  to  any  such  bridge  or  viaduct. 

Provided,  however,  that  nothing  in  this  section  con- 
tained shall  be  construed  as  an  extension  of  existing 
rights  and  privileges  heretofore  granted  to  said  company 
or  to  any  other  company  to  lay,  maintain  and  operate 
street  railway  tracks  in  any  public  streets  of  the  City 
of  Chicago,  and  that  this  ordinance  shall  not  authorize 
the  substitution  of  an  overhead  trolley  line  for  any  por- 
tion of  the  cable  system  of  said  company,  nor  authorize 
the  installation  and  use  of  an  overhead  trolley  system  in 
any  part  of  the  south  division  of  said  City  of  Chicago. 

Sec.  13.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  filing  of  the  bond 
aforesaid  and  acceptance  by  said  company;  Provided, 
however,  that  if  said  bond  and  acceptance  by  said  com- 
pany shall  not  be  filed  with  the  city  clerk  within  sixty 
days  after  the  passage  hereof  then  all  of  the  rights  and 
privileges  herein  granted  shall  be  void  and  of  no  ef- 
fect. 

(Special  Ordinances,  pp.   1661-6.) 


152 


AN  ORDINANCE  AUTHORIZING  THE  NORTH  CHICAGO 
STREET  RAILROAD  COMPANY  AND  THE  WEST  CHI- 
CAGO STREET  RAILROAD  COMPANY  TO  SUBSTITUTE 
ELECTRICITY  AS  THE  MOTIVE  POWER  ON  ALL  LINES 

OPERATED   IN  THE  SOUTH  DIVISION.       (Passed  July  2/, 

1896.     Accepted  by  each  company  August  I,   1896.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Chicago : 

Section  i.  That  in  consideration  of  the  acceptance 
hereof  and  the  undertaking  by  the  North  Chicago  Street 
Railroad  Company  and  the  West  Chicago  Street  Rail- 
road Company,  their  successors  and  assigns,  respective- 
ly, to  comply  with  the  provisions  herein  contained,  per- 
mission and  authority  are  hereby  granted  to  the  said 
companies  respectively,  and  their  successors  and  assigns, 
to  use  and  operate  their  respective  railway  lines  with 
electricity  as  a  motive  power,  in  and  along  each  and  all 
of  the  streets  and  avenues  in  the  south  division  of  the 

City  of  Chicago ;  that  is  to  say :  To  the  North  Chicago 
Street  Railroad  Company  permission  and  authority  are 
hereby  given  to  use  electricity  as  a  motive  power  for  the 
operation  of  its  cars  in  and  along  each  and  all  of  the 
streets  and  avenues  in  and  along  which  the  said  company 
last  named  is  now  operating  a  street  railroad  by  horse 
power,  and  to  the  same  extent;  and  to  the  said  West 
Chicago  Street  Railroad  Company  like  permission  and 
authority  to  operate  its  cars  in  and  along  each  and  all  the 
streets  and  avenues  in  and  along  which  the  said  last 
named  company  is  now  operating  a  street  railway  by 
horse  power,  and  to  the  same  extent.  It  being  intended 
by  this  section  to  grant  unto  each  of  said  corporations 
permission  and  authority  to  change  its  motive  power  from 


horse  power  and  to  substitute  therefor  electricity  in  and 
along  each  and  ,all  streets  and  avenues  in  the  south  di- 
vision of  the  City  of  Chicago  south  of  the  main  branch 
of  the  Chicago  river  and  east  of  the  south  branch  of 
said  river,  in  which  the  said  corporation  or  either  of 
them  are  now  operating  a  street  railway  by  horse  power. 

Provided,  That  the  permission  and  authority  hereby 
granted  to  the  above-named  companies  shall  not  be  con- 
strued as  granting  permission  or  authority  to  the  said 
companies  to  operate  any  cars  with  electric  overhead  con- 
tact wires  upon  any  portion  oi  Washington  street  east 
of  the  south  branch  of  the  Chicago  river,  nor  upon  any 
street  in  the  south  division  of  the  City  of  Chicago  east 
of  Fifth  avenue,  south  of  Lake  street  and  north  of  Van 
Buren  street,  excepting  that  permission  and  authority 
are  hereby  granted  to  the  North  Chicago  Street  Railroad 
Company  to  use  electric  overhead  contact  wires  upon  that 
portion  of  Clark  street  lying  between  the  Chicago  river 
and  Washington  street,  and  excepting  also  that  permis- 
sion and  authority  are  granted  to  the  North  Chicago 
Street  Railroad  Company  and  the  West  Chicago  Street 
Railroad  Company  to  use  electric  overhead  contact  wires 
upon  that  portion  of  State  street  lying  between  Ran- 
dolph street  and  Lake  street,  and  upon  that  portion  of 
Randoph  street  lying  between  Dearborn  street  and  State 
street,  and  upon  that  portion  of  Dearborn  street  lying  be- 
tween Randolph  street  and  Lake  street. 

Sec.  2.  The  construction  of  said  electric  lines  shall  be 
the  same  as  those  now  on  Clark  street,  south  of  Wash- 
ington street,  or  as  shall  be  directed  by  the  mayor  and 
commissioner  of  public  works  of  the  City  of  Chicago. 
If  the  electric  power  used  shall  be  by  means  of  overhead 
contact  wires  suspended  from  poles,  then,  and  in  such 


154 

case  all  such  overhead  contact  wires  shall  be  suspended 
from  poles  set  within  the  curb  limit  of  the  street  on 
either  side  thereof;  and  all  poles  shall  be  set  and  ad- 
justed as  to  obstruct  the  public  use  of  the  street  and  side- 
walks as  little  as  possible.  The  wires  shall  be  suspended 
not  less  than  eighteen  and  one-half  feet  above  the  rails, 
and  the  said  poles  authorized  shall  be  placed  on  an  aver- 
age of  not  less  than  one  hundred  and  fifteen  feet  apart, 
except  at  the  intersection  of  streets  and  avenues,  when 
said  poles  or  supports  shall  be  placed  at  the  intersection 
of  streets  and  avenues. 

Sec.  3.  For  the  purposes  aforesaid  the  said  railroad 
companies  respectively  are  hereby  authorized  to  construct 
and  relay  all  necessary  tracks,  and  to  make  all  needful 
and  convenient  curves,  switches  and  turn-outs,  and  should 
an  underground  system  be  adopted,  to  make  all  needful 
and  convenient  excavations,  trenches  and  sewer  connec- 
tions, and  may  place  all  needful  and  convenient  poles, 
wires  and  appliances  in  the  said  several  streets  and  ave- 
nues, and  wherever  any  railway  line  is  located  under- 
neath any  elevated  railroad  structure  to  attach  to  the  said 
structure  all  needful  and  necessary  wires  and  other  ap- 
pliances for  the  purpose  of  operating  the  said  railroad 
line ;  Provided,  however,  that  before  using  the  said  struc- 
ture for  the  purposes  aforesaid  the  consent  in  writing  of 
the  proper  officers  of  the  said  elevated  railroad  company 
shall  be  first  obtained. 

Sec.  4.  The  said  companies  shall  forever  indemnify 
and  save  harmless  the  City  of  Chicago  against  and  from 
any  and  all  damages,  judgments,  decrees  and  costs  and 
expenses  which  it  may  suffer,  or  which  may  be  recover- 
able or  obtained  against  said  city  for  or  by  reason  of, 
or  growing  out  of,  or  resulting  from  the  exercise  by  said 
companies,  or  either  of  them,  of  the  privileges  hereby 


155 

granted,  and  from,  any  act  or  acts  of  said  companies,  or 
either  of  them,  or  their  servants  or  agents,  under  or  by 
virtue  of  the  provisions  of  this  ordinance. 

Sec.  5.  The  permission  and  authority  hereby  granted 
shall  continue  during  the  entire  unexpired  term  of  the 
several  ordinances  granting  to  said  respective  companies 
the  right  to  operate  street  railroads  in  the  City  of  Chi- 
cago. 

Sec.  6.  The  North  Chicago  Street  Railroad  Company 
and  the  West  Chicago  Street  Railroad  Company  shall 
respectively  execute  to  the  City  of  Chicago  a  good  and 
sufficient  bond  in  the  penal  sum  of  twenty-five  thousand 
($25,000)  dollars  for  the  faithful  observance  and  per- 
formance of  the  provisions  and  conditions  of  this  ordi- 
nance, on  its  part  to  be  observed  and  performed  as  afore- 
said. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  said  North  Chicago  Street  Railroad 
Company  and  the  said  West  Chicago  Street  Railroad 
Company  shall  file  with  the  city  clerk  its  formal  accept- 
ance of  the  same,  and  the  bond  as  hereinabove  prescribed ; 
Provided,  however,  that  if  said  acceptance  and  bond  shall 
not  be  filed,  as  aforesaid,  within  sixty  days  from  the  pas- 
sage of  this  ordinance,  this  ordinance  shall  be  void  and 
of  no  effect  as  to  such  company  which  shall  be  in  de- 
*ault 

Provided,  that  the  said  companies  shall  pay  to  the 
treasurer  of  the  City  of  Chicago,  for  the  use  of  the  said 
city,  the  sum  of  seventy-five  thousand  ($75,000)  dollars 
within  sixty  days  from  the  passage  of  this  ordinance, 
and  that  until  the  said  payment  shall  be  made  none  of 
the  provisions  of  this  ordinance  shall  be  in  force  or 

effect. 

(Special  Ordinances,  pp.  1525-8.) 


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